Franchise Law, Civil Remedies

Focused on Franchise Law - April 2013

by Barry Kurtz on 4/17/2013

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

by Osler, Hoskin & Harcourt LLP on 4/11/2013

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

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

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

by Gillian Scott | Osler, Hoskin & Harcourt LLP on 4/8/2013

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

by Barry Kurtz on 1/23/2013

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

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

89 Women To Benefit From Settlement With World's Largest Burger King Franchisee - NEW YORK - Carrols Corporation, the world's largest Burger King franchisee, will pay $2.5 million and take significant remedial steps to...more

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

by James M. Norman | Holland & Knight LLP on 9/12/2012

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

by Osler, Hoskin & Harcourt LLP on 8/2/2012

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

by Kevin B. Murphy, BS MBA JD on 7/25/2012

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

Recent Court of Appeal Case Reiterates the Importance of Understanding the Dangers of Exercising Too Much Control Over Independent...

by Hopkins & Carley on 7/18/2012

Earlier this month, the California Court of Appeal found a franchisor liable for the sexual harassment by the employee of a franchisee. In Patterson v. Domino’s Pizza, LLC, the Court of Appeal held Domino’s Pizza liable for...more

Who's in Charge Here? Recent Decision May Cause Headaches for California Franchisors

by Littler on 7/13/2012

California is the birthplace of the franchise business model. Today, there are approximately 62,000 independent franchisees operating in California, employing more than 1.1 million state residents. Historically,...more

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

by Leonard, Street and Deinard - Arbitration... on 7/4/2012

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?

by Osler, Hoskin & Harcourt LLP on 6/28/2012

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

Superior Court of New Jersey Slashes Attorneys' Fees in Class Action Settlement

by Duane Morris LLP on 6/21/2012

In Storch v. Five Guys Enterprises, LLC and FG Madison, LLC, the New Jersey Superior Court found that counsel fees of $50,000 plus approximately $500 in costs were fair and reasonable under the applicable standards as applied...more

Franchise Review - May 2012: Franchising in the Courts

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

In the recent decision, Sirianni v. Country Style, the Ontario Superior Court ordered a franchisor to pay punitive damages to a franchisee for breaching the statutory duty of fair dealing. The case offers useful insight...more

Know Your "Business": Don't Bite Off More Than You Can Chew When Drafting A Covenant Not To Compete

by Brooks Pierce on 5/16/2012

The broadly written scope of the covenant not to compete before the Business Court in Outdoor Lighting Perspectives Franchising, Inc. v. Harders led to the denial of Plaintiff's Motion for a Preliminary Injunction this...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

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

by Dentons 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

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Franchise Law › Civil Remedies

Focused on Franchise Law - April 2013

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

Franchising in Ontario - April 2013

Franchising in the Courts - April 2013

Focused on Franchise Law - January 2013

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

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

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

Franchising vs. Licensing – the Illegal Franchise Dilemma

Recent Court of Appeal Case Reiterates the Importance of Understanding the Dangers of Exercising Too Much Control Over Independent...

Who's in Charge Here? Recent Decision May Cause Headaches for California Franchisors

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

Does a Franchisor have an Obligation to Maintain Brand Strength?

Superior Court of New Jersey Slashes Attorneys' Fees in Class Action Settlement

Franchise Review - May 2012: Franchising in the Courts

Know Your "Business": Don't Bite Off More Than You Can Chew When Drafting A Covenant Not To Compete

Franchising in the Courts

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

Franchise Laws: What You Should Know Before Expanding Internationally By Susan Grueneberg and Joshua Schneiderman

Ninth Circuit Rules That Attorney Fees are Properly Awarded Under Petroleum Marketing Practices Act

Osler Update: Suncor Successful in Dismissing Proposed Class Action

Even Hooters Has Trade Secrets

Unique Circumstances in Litigating Franchise Class Actions

Supreme Judicial Court Issues Two Decisions Regarding the Massachusetts Payment of Wages Act

On level terms: unfair terms and drafting consumer contracts

Expand Your Reach