A California federal court granted a motion to compel arbitration by retail franchisor Batteries Plus and its two executives, and dismissed a franchisee’s action alleging violations of the California Franchise Investment Law,...more
A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more
2/28/2022
/ Breach of Contract ,
Contract Disputes ,
Contract Drafting ,
Contract Renewal ,
Contract Termination ,
Contract Terms ,
Development Agreements ,
Failure To Pay ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Motion to Dismiss ,
Royalties ,
Wrongful Termination
The U.S. Court of Appeals for the Fifth Circuit reversed a trial court judgment against a Texas franchisor, finding the lower court erred in excusing an untimely renewal notice of area development agreements. The Court held a...more
2/1/2021
/ Appeals ,
Breach of Contract ,
Contract Renewal ,
Contract Terms ,
Declaratory Judgments ,
Development Agreements ,
Failure to Notify ,
Franchisee ,
Franchises ,
Franchisors ,
Jury Verdicts ,
Late Notices ,
Notice of Intent ,
Reversal
Washington State’s Attorney General settled a case against sandwich franchisor, Jersey Mike’s, over antipoaching provisions in its franchise agreements. Since 2018, Washington State has made agreements with more than 60...more
12/20/2019
/ Antitrust Violations ,
CID ,
Civil Investigation Demand ,
Contract Terms ,
Employment Contract ,
Franchise Agreements ,
Franchisors ,
Hiring & Firing ,
No-Poaching ,
Restrictive Covenants ,
Settlement ,
State Attorneys General
A California Court of Appeal held that courts should not enforce forum selection clauses in contracts that also contain a jury waiver. For franchisors that have California franchisees, this ruling could complicate the ability...more
11/26/2019
/ Appeals ,
Burden of Proof ,
Burden-Shifting ,
Choice-of-Law ,
Conflicts of Laws ,
Contract Terms ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Jury Waivers ,
Unenforceable Contract Terms
The Mississippi Supreme Court ruled that a beer manufacturer’s “match and redirect” provision in an agreement with a wholesaler violated the state’s Beer Industry Fair Dealing Act (BIFDA). Anheuser-Busch’s contract said if...more
8/29/2019
/ Anheuser-Busch ,
Beer ,
Beverage Manufacturers ,
Civil Conspiracy ,
Contract Terms ,
Distributors ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
MS Supreme Court ,
Redirect ,
State Law Claims ,
Tortious Interference ,
Unenforceable Contract Terms ,
Unfair Dealing ,
Wholesale ,
Wine & Alcohol
Morgan Rothschild (“Rothschild”), sole owner of the Party Princess franchise system, sold a party planning franchise for the territory of Washington and promised the franchisee would achieve certain sales. Prior to the sale,...more
8/1/2019
/ Administrative Agencies ,
Agency Deference ,
Contract Terms ,
Dispute Resolution ,
Forum ,
Franchise Agreements ,
Franchisee ,
Interpretive Opinions ,
Litigation Strategies ,
Mandatory Arbitration Clauses ,
Misrepresentation ,
Motion to Compel