A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more
2/19/2025
/ Appeals ,
Business Litigation ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
Distributors ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Retailers ,
Statutory Requirements ,
Wholesale
A federal court in Mississippi granted summary judgment in favor of a franchisor on negligence claims that arose after eleven children allegedly contracted E. coli in a franchised water park’s pool. Neely v. Great Escapes...more
A federal court in California recently granted summary judgment in favor of a hotel franchisor on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). J.M. v. Red Roof Inns,...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
A federal court in Arizona recently granted franchisor LeTip World Franchise’s motion to temporarily restrain and preliminarily enjoin a former franchisee from operating a competing business. LeTip World Franchise, LLC v....more
The Eleventh Circuit Court of Appeals recently affirmed in part, and vacated in part, a district court’s issuance of an injunction preventing a franchisor’s enforcement of a noncompete covenant as written but allowing...more
1/19/2024
/ Blue Pencil Contract Modification ,
Contract Term ,
Contract Terms ,
Employment Litigation ,
Enforceability ,
Franchises ,
Franchisors ,
Geographic Markets ,
Non-Compete Agreements ,
Partial Reversal ,
Public Interest ,
Restrictive Covenants
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 Maine granted a franchisor’s motion to dismiss claims asserting that a franchisor was liable for its franchisee’s alleged age discrimination in employment. Goodwill v. Anywhere Real Est., 2023 WL 4034372...more
7/7/2023
/ Age Discrimination ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Independent Contractors ,
Joint Employers ,
Motion to Dismiss
A federal court in New Jersey granted summary judgment to a car manufacturer, holding that a retailer coalition cannot state a claim on behalf of its members under the New Jersey Franchise Practices Act (NJFPA). N.J. Coal. of...more
A state appellate court in New York recently held a franchisor was not entitled to unpaid royalty fees because of its own breach of a franchise agreement reinstated by preliminary injunction. Integrity Real Estate Consultants...more
3/9/2023
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Contract Terms ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Preliminary Injunctions ,
Reversal ,
Royalties
A federal court in New Jersey has denied a franchisor’s motion for summary judgment on its claim for breach of contract by its franchisee, finding that the franchisee raised issues of material fact regarding whether it had...more