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 Services LLC v. Acevedo-López, 2014 U.S. App. LEXIS 2602 (8th Cir. Feb. 12, 2014), the United States Court of Appeals for the Eighth Circuit vacated the order of a district court in Missouri, which had denied a motion by H&R Block for a preliminary injunction…

- Court Grants Summary To Hotel Management Company:

In a case in which Gray Plant Mooty represented the defendant hotel management company, the federal court in North Dakota recently granted it summary judgment with respect to claims asserted by…

- Federal Court Dismisses Rescission Claim Against Franchisor:

A federal district court in Pennsylvania recently held that a franchisor was entitled to summary judgment on a franchisee’s equitable rescission claim because the franchisee did not act promptly…

- Seventh Circuit Grants Stay Pending Appeal To Decide Whether Franchise Agreement And Related Real Property Lease Should Be Treated As A Single Executory Contract Under Bankruptcy Law:

In In re A&F Enterprises, Inc. v. IHOP Franchising LLC, 2014 U.S. App. LEXIS 2408 (7th Cir. Feb. 7, 2014), the Seventh Circuit reversed the district court and the bankruptcy court and stayed the enforcement of the bankruptcy…

- Court Allows Claim For Ftc Franchise Rule Violation To Proceed Under “Negligence Per Se” Theory:

In responding to a motion to dismiss, the United States District Court for the Western District of Virginia recently permitted a “negligence per se” claim based on a franchisor’s FTC disclosure violation to proceed under…

- New York Franchise Sales Act Claims Withstand Summary Judgment:

In Solanki v. 7-Eleven, Inc., 2014 U.S. Dist. LEXIS 11183 (S.D.N.Y. Jan. 29, 2014), a franchisee’s claims under the New York Franchise Sales Act have survived a franchisor’s motion for summary judgment. Solanski alleged that…

- Former Franchisee’s Failure To Fully Deidentify Deemed Infringement:

The United States District Court for the Northern District of Texas held that the failure of a terminated franchisee and its successor to fully deidentify a hotel and remove all signage related to its former franchise system…

- Federal Court Confirms Arbitration Award Against Alter-Ego:

In Doctor’s Associates Inc. v. White, 2014 U.S. Dist. LEXIS 11433 (D.N.J. Jan. 30, 2014), the federal court in New Jersey granted partial reconsideration of an order refusing…

- Federal Court Requires Franchisee To Plead Place Of Business To Succeed On A New Jersey Franchise Practices Act Claim:

In Ocean City Express Co., Inc. v. Atlas Van Lines, Inc., 2014 U.S. Dist. LEXIS 20885 (D.N.J. Feb. 19, 2014), the United States District Court for the District of New Jersey denied the plaintiff’s motion to amend its complaint…

Please see full Report for more Information.

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Topics:  Franchises, Franchisors, Injunctions, Preliminary Injunctions, Summary Judgment

Published In: Bankruptcy Updates, Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Franchise Updates

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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