General Business Civil Remedies Franchise

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Focused on Franchise Law - June 2014

FRANCHISEE 101: Unsigned Franchise Agreement Binds Franchisee's Shareholder - Texas Appeals Court recently held in Pritchett v. Gold's Gym Franchising, LLC that a Texas forum-selection clause in a Franchise Agreement...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

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

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

Rainbow International Seeks Restoration Of Exclusive Use Of Its Marks

On April 9, 2014, Rainbow International LLC ("Rainbow International"), of Waco, Texas, filed a complaint in the Middle District of Georgia against Brian Whitley, Patricia Whitley, and Quick Whits, Inc. d/b/a "Rainbow...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

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 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

What Happens When a Franchise Agreement Ends, Part 1: Restrictive Covenants

A “Pet Valu” franchisee in Ontario claimed that sales were declining, so she terminated the Franchise Agreement. After termination of the agreement, her husband established a competing “Pet Stuff” business nearby. When a...more

Franchisors Must Act Quickly to Obtain Injunctive Relief on Non-Competition Covenants

A recent case from the United States Court of Appeals for the Eighth Circuit reaffirms the important principle that a franchisor, or any business, that seeks a preliminary injunction to prevent harm from a covenant breach...more

The GPMemorandum, Issue 171

In this Issue: - Eighth Circuit Denies Injunction To Stop Competition By Former Franchisee, And District Court Allows Counterclaim: The United States Court of Appeals for the Eighth Circuit last month upheld a...more

The GPMemorandum, Issue 169

In This Issue: - Ninth Circuit Once Again Affirms $16 Million Verdict In Favor Of Licensee: The United States Court of Appeals for the Ninth Circuit has amended a recent opinion and voted to deny rehearing en...more

Focused on Franchise Law - April 2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Franchising in Ontario - April 2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

Franchising in the Courts - April 2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: The Applicability and Limits of the Duty of Good Faith - Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key...more

Focused on Franchise Law - January 2013

In This Issue: - Mark Melton Has Become Of Counsel To The Firm - Franchisor 101: Personal Liability In New York For A Franchisor's Owners - Franchisee 101: Beer & Wine Franchisees Enjoy Protection From...more

Unique Circumstances in Litigation Franchise Class Actions (Revised)

This is an update of an article I first presented with David Sterns in 2011 at the Canadian Institute 12th Annual National Forum on Class Actions Litigation in Toronto, Canada. The other co-authors are Geoff Grove of Osler,...more

Strategic Ouster of Hotel Operators: If You Can't Stop It, Discourage It

Do owners and operators drive the legal structure of hotel management agreements? They should, but some courts have concluded that principles of agency trump the bargain struck by sophisticated, well-represented parties that...more

1250264 Ontario Inc. v. Pet Valu Canada Inc.: In or Out? A Bold Re-Opening of the Opt-Out Period in a Franchise Class Action

On July 27, 2012, Justice Strathy of the Ontario Superior Court of Justice released a decision in the 1250264 Ontario Inc. v. Pet Valu Canada Inc.(Pet Valu) franchise class action setting aside certain opt-out notices...more

Franchising vs. Licensing – the Illegal Franchise Dilemma

Think you may have bought an illegal, disguised franchise that's called a license or something else? Or are you a company looking to expand and have been told to go with inexpensive licensing instead of expensive franchising?...more

First Circuit Makes Circuit Split Lopsided In Favor Of Narrowing Impact Of Stolt-Nielsen

With less colorful language than its last arbitration opinion, the First Circuit sided with the Second and Third fireworks Circuits in limiting the application of the 2010 Stolt-Nielsen decision on the availability of class...more

Does a Franchisor have an Obligation to Maintain Brand Strength?

Bertico Inc. et al v. Dunkin’ Brands Canada Ltd. (Allied Domecq Retailing International (Canada) Ltd.) In an unprecedented decision released on June 21, 2012, the Quebec Superior Court held that the Dunkin’ Donuts...more

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