RECENT POSTS
Franchise 101: Promises to Prospectives; and Default! Default!
Franchisor 101: Promises to Prospectives A federal district court in New Jersey denied Travelodge Hotels’ motion for partial summary judgment against a former franchisee, holding there are genuine issues of fact as to Travelodge’s breach
Franchise 101: Greener Grass in a Foreign Forum; and The Ties That Won’t Bind
Franchisor 101: Greener Grass in a Foreign Forum A federal court in Maryland denied Marriott International, Inc.’s motion to dismiss plaintiffs’ action based on forum non conveniens. Plaintiffs sued Marriott and the JW Marriott hotel
Franchise 101: A Tasty Appeal; and A Window into Dispute Resolution
Franchisor 101: A Tasty Appeal The Eleventh Circuit Court of Appeals reversed a district court’s summary judgement order, granting a chocolate shop franchisor’s breach of contract and unfair competition claims. The appellate court concluded there
Franchise 101: Poked in the Eye; and Transaction Totaled
Franchisor 101: Poked in the Eye A poke restaurant franchisee in Ohio sued the franchisor for violation of the California Franchise Investment Law (CFIL) and other claims. The franchisor defendants moved to dismiss the claims.
Franchise 101: No Repairing Delayed Filing; and Forum Selection Clause is Just what the Doctor Ordered
Franchisor 101: No Repairing Delayed Filing A New Jersey federal court denied a franchisor’s motion for preliminary injunction against a franchisee due to franchisor’s 11 month delay in bringing the motion. Franchisee entered into two
Franchise 101: Transfer DQ’d; and Caught Between a Rock and a Renewal
Franchisor 101: Transfer DQ’d A federal court in Wisconsin ruled that Dairy Queen did not breach a 1952 franchise agreement with a franchisee by requiring a prospective buyer of the franchise to sign an updated
Franchise 101: All the King’s Poachers; and Subject Matter Mania
Franchisor 101: All the King’s Poachers A federal appellate court held that Burger King and its franchisees may violate Section 1 of the Sherman Act (antitrust) by engaging in concerted action when entering into “no-hire”
Franchise 101: Trashing the Competition; and Meet the New Boss
Franchisor 101: Trashing the Competition A trash collection business brought claims against a franchisor and franchisee of Smash My Trash, a mobile waste compacting brand. The business, Republic Services of Kansas City, claimed the defendants
Franchise 101: Breaking Up Is Hard to Do; and Don’t Mess with Forum Selection Clauses
Franchisor 101: Breaking Up Is Hard to Do A federal district court in Nevada partly denied a franchisor’s summary judgment motion on claims brought by a franchisee. IJL Midwest entered into several franchise agreements with
Franchise 101: Call Option Claim Bends; and Small Business on Main Street
Franchisor 101: Call Option Claim Bends A Delaware court found a yoga studio franchisee was entitled to an order requiring the franchisor to buy all of the franchisee’s yoga studios in six states. The court