A Texas federal court denied a franchisor’s request to enjoin operations of a former franchisee’s competing optical retail stores for failure to establish likelihood of success on a claim of trade dress infringement. The...more
An insurance coverage case brought by McDonald’s and two of its franchisees (collectively, “McDonald’s”), raised a novel question in Illinois state court. The question was whether or not costs to comply with a mandatory...more
4/30/2021
/ Bodily Injury ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Damages ,
Duty to Defend ,
Franchisee ,
Franchisors ,
Health and Safety ,
Injunctions ,
Insurance Claims ,
Insurance Industry ,
McDonalds ,
Negligence ,
Public Nuisance
A Massachusetts state court ruled that real estate franchisor, Re/Max of New England (Franchisor), breached its franchise agreements, the implied covenant of good faith and fair dealing and violated Massachusetts’ consumer...more
A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more
4/3/2020
/ Actual Damages ,
Causation ,
Damages ,
Franchise Agreements ,
Franchise Disclosure Document ,
Franchise Investment Acts ,
Franchisee ,
Notice Requirements ,
Rescission ,
Statutory Violations ,
Willful Violations
Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida, the parties entered into another franchise agreement for a...more
7/31/2019
/ Appeals ,
Breach of Contract ,
Damages ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Fraud ,
Oral Contracts ,
Promissory Estoppel ,
Real Estate Transactions ,
Reversal ,
Statute of Frauds ,
Unjust Enrichment ,
Void and Unenforceable ,
Written Agreements