Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Franchise Review - May 2012: Other Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more

Action Based on 7-Eleven’s Payroll System Fails, Court of Appeal Rules

by Barger & Wolen on 5/11/2012

In Aleksick v. 7-Eleven, Plaintiff Aleksick represented a class claiming that 7-Eleven’s payroll system violated California Business and Professional Code 17200. The complaint alleged that 7-Eleven’s method of converting...more

Where’s the Beef? Virginia Circuit Court Allows Wendy’s to Claim Exception to Addback for Royalties Paid to Affiliate

by Reed Smith on 4/18/2012

A new opportunity may exist for franchisors to claim an exception to Virginia’s royalty addback statute based on a recent Circuit Court decision. In Wendy's International Inc. v. Virginia Dep't of Taxation, decided March...more

Sutherland Salt Shaker - April 2012

by Sutherland Asbill & Brennan LLP on 4/13/2012

In This Issue 2 SALT Pet of the Month; 5 Professor Hellerstein’s Office Hours; 9 California Screaming; and 9 Policy Wonk. Sub Articles: A Swing and a Miss: Maryland Court Defines “Final” for Purposes of Statute of...more

Woman Sues McDonald’s, Alleging the Food Chain is Responsible for Her Being Forced Into a Life of Prostitution

by Barger & Wolen on 4/6/2012

A woman, claiming her ex-husband, a McDonald’s franchise owner, forced her into a life of prostitution while she was working at McDonald’s, has sued the food chain for “Negligent Retention and Supervision of Franchises.” ...more

Franchising in the Courts

by Osler, Hoskin & Harcourt LLP on 4/3/2012

In This Alert: - Baton Rouge: Juicy Legal Developments on Disclosure Obligations Justice Brown of the Ontario Superior Court recently released his decisions on liability and costs in 3574423 Canada Inc. v. Baton...more

Distribution Law Franchise - Franchise law in Belgium Part 1 Unilateral termination of franchise agreements.pdf

by Kocks & Partners Rechtsanwälte Belgien on 3/27/2012

In this first article in a series of selected topics on franchise law in Belgium, we will have a closer look on the possibilities for parties to a franchise agreement to unilaterally terminate this franchise agreement under...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

by Osler, Hoskin & Harcourt LLP on 3/7/2012

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

The Quebec Superior Court’s Recent Judgment in Stereo Plus v. 140 Greber Holding: Shedding Light on Penalty and Legal Expenses...

by Fraser Milner Casgrain LLP on 2/28/2012

*Important Note: FMC (Mr. Stéphane Teasdale and Ms. Mélanie Jacques) represented Distribution Stereo Plus Inc. in this case. On January 13th, in the case of Distribution Stereo Plus Inc. c. 140 Greber...more

Sharma v. Timminco Limited - Limiting Suspension under Section 28 of the Class Proceedings Act

by Osler, Hoskin & Harcourt LLP on 2/23/2012

I. OVERVIEW A recent decision of the Ontario Court of Appeal in Sharma v. Timminco Limited (Timminco) suggests that a plaintiff and/or class members in a class action must comply with time-limited leave,...more

Petitioner Seeking To Vacate International Arbitral Award Has Choices Concerning How To Serve Respondent

by Cadwalader, Wickersham & Taft LLP on 1/9/2012

Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011), involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway....more

Chapman v. Rudd Paint and Varnish , 409 F.2d 635 (1969)

Chapman v. Rudd Paint and Varnish

by Babener & Associates on 12/27/2011

The Ninth Circuit held that the promotional brochure was not part of the agreement, and contained fundamental elements that did not create a security as defined by federal law. The distributor agreement specified that the...more

Doing Business in Qatar

by Patton Boggs LLP on 12/14/2011

"Doing Business in Qatar” has been prepared by Patton Boggs LLP as a general introduction for those interested in business activities in Qatar and is not intended to provide comprehensive advice. The information in this...more

Class Action Waivers in Commercial Agreements: Comparing Their Treatment in the US and Canada by Jennifer Dolman and Matt Thompson

by Jennifer Dolman on 12/1/2011

This article first appeared in the December 2011 issue of LJN’s Franchising Business & Law Alert. It discusses the treatment of class action waivers in commercial agreements (including franchise agreements) in the US...more

Does a Decision to Arbitrate Still Make Sense by Leslie Dizgun and Jennifer Dolman with the assistance of Matt Thompson

by Jennifer Dolman on 10/24/2011

This paper was presented at the Ontario Bar Association 11th Annual Franchise Law Conference on November 2, 2011. It addresses whether arbitration makes sense in the franchise context and summarizes how the courts have...more

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Civil Procedure – May 23, 2012

Narrowed by: Franchise Law