New Jersey federal court denied a Super 8 franchisee’s motion to dismiss, holding that venue in the District of New Jersey was proper and that the plaintiff’s Trafficking Victims Protection Reauthorization Act (TVPRA) claims...more
1/16/2026
/ Business Litigation ,
Federal Court Litigation ,
Franchisee ,
Franchises ,
Franchisors ,
Jurisdiction ,
Liability ,
Motion to Dismiss ,
Statute of Limitations ,
Trafficking ,
Venue
A federal court in California recently found that releases executed by former distributors were unenforceable and therefore denied a summary judgment motion filed by distributors Earthgrains Distribution, LLC and Bimbo...more
11/11/2025
/ Contract Disputes ,
Distributors ,
Employment Litigation ,
Independent Contractors ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Releases ,
Sales & Distribution Agreements ,
Statutory Interpretation ,
Summary Judgment ,
Unconscionable Contracts
A federal court in California recently denied a franchisee’s motion to dismiss two of a franchisor’s counterclaims, each related to the loss of future royalties for the termination of the parties’ franchise agreements,...more
9/12/2025
/ Breach of Contract ,
Contract Disputes ,
Counterclaims ,
Damages ,
Franchise Agreements ,
Franchise Laws ,
Franchisee ,
Franchisors ,
Future Royalties ,
Motion to Dismiss ,
Royalties
A federal court in Ohio recently granted Cavalier Distributing’s motion to temporarily restrain a fellow distributor, MicroStar Logistics, from contacting other keg suppliers to accuse Cavalier of failing to pay a debt or...more
A federal court in Arizona recently granted a franchisee’s motion for temporary restraining order preventing termination of its franchise agreement and the franchisor’s withdrawal of any funds from the franchisee’s accounts....more
A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLC’s (collectively, Davachi) motion to dismiss Thorne Research, Inc.’s trademark...more
12/13/2024
/ Amazon ,
Amazon Marketplace ,
First Sale Doctrine ,
Internet Retailers ,
Lanham Act ,
Online Reviews ,
Tortious Interference ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unfair Trade Practices Act
The Tennessee Court of Appeals reversed a district court’s dismissal of a franchisee’s declaratory judgment claim, finding that the claim was properly brought in Tennessee. Lakeway Real Estate2, LLC v. ERA Franchise Sys.,...more
A federal court in Michigan has granted a franchisor’s motion for preliminary injunction against former franchisees for violating the franchise agreements’ post-termination noncompete provisions. 1-800 Water Damage Int’l LLC...more
A federal court in Texas has denied an individual owner’s motion to dismiss for lack of personal jurisdiction despite the fact that he had not signed the relevant franchise agreement or corporate guaranty in his individual...more
The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak...more
3/18/2024
/ Chapter 11 ,
Commercial Bankruptcy ,
Criminal Prosecution ,
Duress ,
FL Supreme Court ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Settlement Agreements ,
Valuation