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. 24, 2013), in which current...

- Illinois Appellate Court Affirms Dismissal Of Franchisee’s Fraud Claims:

Franchisor Ace Hardware Corporation recently prevailed on appeal — as it had in the lower court — against claims that it had committed fraud in selling two franchises.

- Federal Court Dismisses Franchisee’s Fraud And Misrepresentation Claims Because The Franchise Agreement Directly Contradicts Alleged Misrepresentations:

In BP West Coast Products LLC v. SKR, Inc., 2013 U.S. Dist. LEXIS 151764 (W.D. Wash. Oct. 22, 2013), a federal court in Washington dismissed a gas station...

- New York Federal Court Grants Preliminary Injunction To Franchisor Based On Rescission Of Franchise Agreement:

The United States District Court for the Eastern District of New York last month entered a preliminary...

- Florida Federal Court Also Grants Preliminary Injunction After Franchisor’s Immediate Termination Without Advance Notice:

The United States District Court for the Middle District of Florida also granted 7-Eleven a preliminary injunction in 7-Eleven, Inc. v. Kapoor Brothers Inc., 2013 U.S. Dist. LEXIS 149063 (M.D. Fla. Sept. 13, 2013).

- Bankruptcy Stay Prevents Injunctive Relief Against Franchisee’s Corporate Operating Company:

The United States District Court for the District of Maryland recently granted in part and denied in part a franchisor’s motion for a preliminary...

- Federal Court In New Jersey Holds That Minnesota Franchise Act Does Not Preclude Litigating In Forums Other Than Minnesota:

Although the Minnesota Franchise Act (“MFA”) may preclude an out of state franchisor from using a forum selection clause to prevent a Minnesota franchisee from filing a lawsuit in Minnesota…

- California Federal Court Dismisses Case For Improper Venue:

A federal court granted a franchisor’s motion to dismiss for improper venue in Musavi v. Burger King Corp., 2013 U.S. Dist. LEXIS 154467 (C.D. Cal. Oct. 25, 2013).

- Maryland Bar Franchise Committee Will Not Back Franchise Law Proposal; Sponsor Will Not Introduce Bill:

There have been further developments following the October 3, 2013, meeting of the Maryland State Bar Association’s Franchise Committee, at which Jon Cardin…

- Maryland Attorney General Announces Franchise Advisory Committee, Extends Date For Filing Financial Statements:

During the same October 31, 2013, MSBA Franchise Committee meeting, Commissioner Lubin and Deputy Commissioner Cantone reiterated…

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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