General Business Civil Procedure Franchise

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Georgia Court of Appeals rules franchisees can assert claims for relief under Georgia’s tort statute for violating the FTC...

The Georgia Court of Appeals recently upheld a judgment entered on a jury verdict against a franchisor for violating the Federal Trade Commission’s Franchise Rule, 16 CFR Parts 436 and 437 (the FTC Rule), finding that the FTC...more

FRANCHISEE 101: Forum Selection Clauses May Be Enforceable

A recent decision in Allegra Holdings, LLC v. Davis demonstrates that courts are enforcing forum selection clauses in favor of out-of-state franchisors and against in-state franchisees, notwithstanding franchise anti-waiver...more

Ice Cream Maker No Softee When It Comes to Infringement of Its Trademarks

Just as summer is coming to a close, the battle between Mister Softee and Master Softee appears to be heating up. Mister Softee is a family-owned business that has been in operation since 1956. It is the franchisor for the...more

Restrictions in Franchise Agreements Narrowly Construed

Virginia’s public policy in favor of freedom of contract is well established. It may be most conspicuously evidenced by the Supreme Court of Virginia’s increasingly narrow construction of post-contract employment restrictions...more

For California franchises, there’s no place like home

Competitors of all kinds know home court advantage helps them win. Home court advantage refers to the psychological, procedural and logistical edge gained by competing in a familiar setting, where one has better knowledge of...more

Focused on Franchise Law - August 2014

FRANCHISOR 101: NLRB McDonald's Ruling May Put Crimp on Franchising - On July 29, 2014, the general counsel of the National Labor Relations Board (NLRB) stated that McDonald's could be held jointly liable with its...more

The GPMemorandum, Issue 182

In This Issue: - Supreme Court Holds Company Can Sue Competitor For Unfair Competition Even If It Complies With FDA Labeling Regulations: In an 8-0 decision announced on June 12, 2014, the Supreme Court held...more

Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in the SDNY

Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and...more

Focused on Franchise Law - July 2014

FRANCHISOR 101: Location of Dispute Clauses Will Be Enforced - A recent U.S. Supreme Court decision is having a big impact on the locations where franchisor-franchisee disputes are being resolved. ...more

The GPMemorandum, Issue 181

In this Issue: Missouri District Court Awards Attorneys' Fees And Costs In Termination Case: In Dunkin' Donuts Franchising LLC v. Sai Food (ST Hospitality, LLC, 2014 U.S. Dist. LEXIS 67512 (E.D. Mo. May 16,...more

Québec Court of Appeal Decision Results in Significant Victory for Franchisors

In a victory for franchisors, the Québec Court of Appeal confirmed the application of the doctrine of the indivisibility of contracts in a franchise context, supporting significant retroactive royalty awards for breaches of...more

Not Every Fact Is a “Material Fact”

Canadian franchise laws require that all material facts relating to the franchise be included in a franchise disclosure document. After more than 10 years of judicial interpretation and application of franchise laws, many...more

Springdale Pizza: Eleven Decisions on Disclosure, Rescission and Damages (and Counting)

Essential Facts - The plaintiffs purchased a franchise from an existing franchisee in October 2008 for $220,000. The plaintiffs began operating the franchise before signing various agreements with the franchisor in...more

Case Law Review of Cora Decision

A decision was recently made in the 2176693 Ontario Ltd. v. Cora Franchise Group case that reinforces that franchisee rights under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 (the AWA) cannot be readily released...more

New Developments in British Columbia’s Consideration of Franchise Law

On March 31, 2014, the British Columbia Law Institute (BCLI), a law reform research organization, published its Report on a Franchise Act for British Columbia (the Report). The Report was divided into two parts: Part one...more

Focused on Franchise - April 2014

FRANCHISEE 101: Terminated Franchisee Can Pursue Fraudulent Disclosure Claims - In Solanki v. 7-Eleven, Inc., a U. S. District Court in New York ruled that a terminated 7-Eleven franchisee who decided to purchase a...more

The GPMemorandum, Issue 179 (Distribution Issue)

In this Issue: - Tying And Other Claims By Service Competitor Rejected: A federal court in Arizona has rejected various antitrust claims brought by a servicer of aircraft power units against a manufacturer of...more

The GPMemorandum, Issue 178

In This Issue: - Appellate Court Vacates Order Denying Franchisor’s Motion For Preliminary Injunction; District Court Then Grants Summary Judgment To Franchisor And Enters Final Injunction: In H&R Block Tax...more

Putative Nationwide Class Of Car Dealers Turns Out To Be A Lemon - Individualized Issues Preclude Certification

The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The...more

Top franchise cases of 2013

1. In Hanley v. Doctors Express Franchising, LLC, a former franchisee of the Doctors Express franchise system sued Doctors Express, the franchisor, and Rhino 7, a broker involved in the franchise sale, asserting that the...more

A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Merger

A proposed transfer of control of a cable television operator or a transfer of a cable television A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Mergerfranchise presents the franchising authority with a...more

The GPMemorandum - Issue 177

In This Issue: - Washington Federal Court Denies Motion To Hold Defendants In Contempt Of Consent Judgment For Trademark Infringement: A federal judge in Seattle has denied a franchisor’s motion for a contempt...more

The GPMemorandum, Issue 176

In This Issue: - Missouri District Court Upholds Termination Of Franchise Based On Fraud: The United States District Court for the Eastern District of Missouri recently upheld a franchisor’s decision to...more

The GPMemorandum, Issue 175

In This Issue: - Seventh Circuit Affirms Denial Of Preliminary Injunction Finding PMPA Termination For Failure To Pay Was Proper: After remanding to the federal district court for the Northern District of...more

The GPMemorandum, Issue 174

In This Issue: - Court Approves Settlement In Class Action Lawsuit Filed Against Franchisor: A class action settlement has been approved in Swift v. DirectBuy, Inc., 2013 U.S. Dist. LEXIS 152618 (N.D. Ind. Oct....more

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