A federal court in Washington recently granted a motion brought by franchisor Nurse Next Door Home Healthcare Services, Inc. (NND) to compel arbitration of a Florida-based franchisee’s claims. Nurse Next Door Home Healthcare...more
A federal court in New Jersey recently granted a franchisor’s motion for a preliminary injunction, enjoining the former franchisee from using the franchisor’s marks and violating the franchise agreement’s noncompete clause,...more
5/10/2024
/ Competition ,
Contract Terms ,
Enforceability ,
Exclusive Territory ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Tolling ,
Trademarks
A federal court in Connecticut reduced attorneys’ fees and costs sought by a sales representative after the court raised concerns about several issues with the sales representative’s trial strategy. Trade Links, LLC v. Bi-Qem...more
The Eighth Circuit Court of Appeals has affirmed the denial of a motion to stay pending arbitration because the claims of the franchisor, Breadeaux’s Pisa, did not fall within the mandatory stay provision of the Federal...more
A federal court in North Carolina recently dismissed a complaint brought by Bigelow Corporation against its franchisor Hound Town USA because the claims were time barred. Bigelow Corporation v. Hounds Town USA, LLC, 2023 WL...more
9/8/2023
/ Affirmative Defenses ,
Breach of Contract ,
Contract Termination ,
Contract Terms ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Statute of Limitations ,
Time-Barred Claims
A federal court in California denied a subfranchisor’s motion to transfer venue, holding that its Operator Agreement constituted a franchise agreement, thus making its forum-selection clause void under the California...more
A federal court in Florida recently granted a franchisor’s motion to dismiss a franchisee’s claim for breach of the implied covenant of good faith and fair dealing, but allowed a claim for breach of contract to proceed....more