News & Analysis as of

Dominos

Advertising Law - April 2017 #2

Business Supply Scam Operators Banned From Telemarketing - The Federal Trade Commission banned the operators of an office supply business from telemarketing pursuant to a settlement deal in Texas federal court. In...more

Judge dismisses ADA website lawsuit

In September 2016, we published an alert that a group of plaintiff’s ADA lawyers had threatened a number of businesses – including hotels – with litigation claiming their websites failed to comply with “ADA Guidelines.” These...more

Did You Know...Federal District Court Dismisses Website Accessibility Claims Because Of Lack Of Due Process

by Nossaman LLP on

On March 20, 2017, a federal district judge in the Central District of California issued a big win for businesses dealing with the recent onslaught of website accessibility litigation – claims that a business’s website is not...more

Two Federal Courts Dismiss ADA Website Accessibility Claim

by Genova Burns LLC on

In the last two months, at least two federal district courts have dismissed website accessibility lawsuits filed against private companies under the Americans with Disabilities Act (“ADA”), proving that this issue continues...more

Bank Website ADA Litigation Update

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

“Oh Yes [the Court] Did” — District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and...

On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v. Domino’s Pizza LLC, granted defendant Domino’s Pizza LLC’s motion to dismiss without prejudice and ruled that the...more

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

Public Accommodations are Starting to Win Website Accessibility Lawsuits

by Seyfarth Shaw LLP on

Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making...more

Federal Court in Los Angeles Dismisses Website Accessibility Claims

On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit in a ruling that raises hopes for those battling the massive wave of web accessibility...more

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

by Snell & Wilmer on

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

A Glimmer of Hope for Franchisors Fearing Joint Employer Liability

by Strasburger & Price, LLP on

In a recent article published by the Franchise Law Journal, authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context and the pervasive influence of...more

FRANCHISOR 101: Wins, Losses & Lessons in Joint Employer Liability

by Lewitt Hackman on

As joint employer liability continues to develop, plaintiffs seeking deep pockets continue to claim, with some success, that franchisors are joint employers, responsible for actions of their franchisees' employees. In April,...more

Social Media Compliance Policies: Your Company Needs One

by Baker Donelson on

Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

The Contours of a Franchisor’s Vicarious Liability

by LeClairRyan on

In a ruling that reflects a clear understanding of the distinction between the roles of the franchisor and franchisee, the Appeals Court of Massachusetts recently held that Domino’s was not vicariously liable for the acts of...more

Reimbursing Employees for Business Expenses: The FLSA Kickback Rule [Wage & Hour FAQs]

by Franczek Radelet P.C. on

Over the last month, Domino’s has been in the news for some of the wrong reasons, with not one but two Fair Labor Standards Act (FLSA) class action lawsuits alleging that two large Domino’s franchisees paid delivery drivers...more

Top franchise matters of 2014

by DLA Piper on

DLA Piper IPT partners Barry Heller, John Verhey and John Hughes recently conducted a webinar reviewing 2014’s top franchise decisions. Three significant 2014 matters are summarized below. 1. In Patterson v. Domino’s...more

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

by Davis Brown Law Firm on

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Proxy Access: More File to Exclude Proposals

Since our last update, the following public companies have submitted no-action letters to exclude shareholder proposals submitted by the New York City Pension Funds because the proposal will “directly conflict” with the...more

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

by Baker Donelson on

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

Brand Standards Are for Everyone

by Nexsen Pruet, PLLC on

Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

Franchisors Are Not Joint Employers

by LeClairRyan on

The National Labor Relations Board (NLRB) caused an earthquake in the field of franchising with the General Counsel’s announcement July 29, 2014, of complaints against McDonald’s USA, LLC....more

Domino’s Delivers Key Ruling in Favor of Franchisors

The California Supreme Court recently issued an important victory for franchisors, finding that a franchisor does not stand in an employment or agency relationship with the franchisee and its employees for purposes of holding...more

California Supreme Court Overturns 2012 Domino's Decision

by Lewitt Hackman on

On August 28, 2014, the California Supreme Court reversed a 2012 Court of Appeal decision in Patterson v. Domino's Pizza, LLC. The lower court held that franchise operating systems, like Domino's, deprive franchisees of the...more

Did You Know…California Supreme Court Rules – No Franchisor Vicarious Liability

by Nossaman LLP on

The California Supreme Court recently held in Patterson v. Domino’s Pizza, LLC, No. S204543 (Cal. Aug. 28, 2014) that a franchisor could not be held vicariously liable under the California Fair Employment and Housing Act...more

California Employment Law Notes

by Proskauer Rose LLP on

Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee - Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) - Taylor Patterson was hired by Sui Juris (a franchisee...more

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