The Connecticut Appellate Court held that convenience store operators who dispensed fuel as commissioned agents were not “retailers” under the Connecticut Petroleum Franchise Act (CPFA). Branford Quick Mart, LLC v. Aldin...more
A Florida federal district court recently granted summary judgment, holding that claims under the Trafficking Victims Protection Reauthorization Act (TVPRA) were time-barred. Doe K.R. v. Choice Hotels, 2025 WL 3469855 (M.D....more
The Tenth Circuit recently affirmed a federal district court decision staying a supplier’s action to compel arbitration under the Federal Arbitration Act (FAA) while related litigation proceeded in Washington state court. Nu...more
12/12/2025
/ Abstention ,
Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Commercial Litigation ,
Contract Disputes ,
Dispute Resolution ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Stays ,
Unconscionable Contracts
A federal court in Pennsylvania recently confirmed a final arbitration award in favor of Choice Hotels, denying the franchisee’s motion to vacate the award. Choice Hotels Int’l, Inc. v. Jai Sai Baba LLC, 2025 WL 2636596 (E.D....more
On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more
8/8/2025
/ Antitrust Litigation ,
Biden Administration ,
Enforcement Actions ,
Federal Court Litigation ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
PepsiCo ,
Price Discrimination ,
Robinson-Patman Act ,
Unfair Competition ,
Voluntary Dismissals
On April 14, 2025, a federal jury in the U.S. District Court for the District of Nevada convicted the operator of a home healthcare staffing agency of a criminal violation of the federal antitrust laws. ...more
5/23/2025
/ Antitrust Division ,
Antitrust Violations ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Healthcare ,
Human Resources Professionals ,
Popular ,
Staffing Agencies ,
Wage-Fixing
A federal court in California recently denied a franchisor’s motion to dismiss litigation, holding that a franchise agreement provision requiring the parties to mediate in Texas prior to instituting litigation or arbitration...more
5/2/2025
/ Business Litigation ,
Contract Disputes ,
Contract Terms ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Mediation ,
Motion to Dismiss ,
Public Policy ,
Unenforceable Contract Terms
The Federal Trade Commission recently sued PepsiCo, Inc. alleging that the company engaged in illegal price discrimination by providing a large retailer with unfair pricing advantages in violation of the Robinson-Patman Act....more
2/18/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
PepsiCo ,
Price Discrimination ,
Product Pricing ,
Resale Price Maintenance (RPM) ,
Robinson-Patman Act ,
Unfair Competition ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
Wal-Mart
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
A federal court in Michigan recently granted a motion to dismiss for lack of personal jurisdiction against one owner of a franchisor, while denying the motion to dismiss against the other owner and granting the franchisor’s...more
10/14/2024
/ Arbitration ,
Contract Terms ,
Dismissals ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Misrepresentation ,
Motion to Compel ,
Motion to Dismiss ,
Personal Jurisdiction
A federal court in Michigan recently granted several related franchisors’ motions to dismiss a franchisee’s claims for violations of the Michigan Franchise Investment law. Benjamin Franklin Franchising SPE LLC v. David...more
9/16/2024
/ Breach of Contract ,
Contract Terms ,
Franchise Agreements ,
Franchise Laws ,
Franchisee ,
Franchises ,
Franchisors ,
Non-Compete Agreements ,
Private Right of Action ,
Promissory Estoppel ,
Stare Decisis
A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more
A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels &...more
A federal court in North Carolina has held that considerations of judicial economy required that litigation of nonarbitrable claims should be stayed pending completion of a related arbitration. Medical Search Consultants, LLC...more
Refusing to rubber-stamp a proposed $5 million anti-poaching class action settlement, a federal court in Kentucky has directed the plaintiff to provide additional information to allow proper consideration of the factors...more
10/9/2023
/ Antitrust Provisions ,
Arbitration Agreements ,
Burger King ,
Class Action ,
Fast-Food Industry ,
Federal Rules of Civil Procedure ,
Franchisee ,
Franchises ,
McDonalds ,
No-Poaching ,
Papa John's International ,
Settlement Offer ,
Wage and Hour
In an important case of first impression that drew amicus participation from the Department of Justice, the Federal Trade Commission, and the International Franchise Association, the Seventh Circuit reversed a judgment in...more
9/11/2023
/ Amicus Briefs ,
Class Action ,
Department of Justice (DOJ) ,
Dismissals ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Horizontal Restraint ,
International Franchise Association (IFA) ,
McDonalds ,
No-Poaching ,
Reversal ,
Sherman Act ,
Wages
The Fifth Circuit Court of Appeals affirmed a Texas federal court’s (i) dismissal of a distributor’s fraud claims against an automobile-product manufacturer and (ii) grant of summary judgment in favor of the manufacturer on...more
A federal court in Maryland granted a foreign hotel franchisee’s motion to dismiss for lack of personal jurisdiction but denied a forum non conveniens motion in a personal injury case naming both franchisor and franchisee as...more
A federal court in Nevada recently transferred a franchisor’s trademark infringement lawsuit to Illinois, the location of the franchise, declining to rule on the franchisor’s motion for preliminary injunction. Hofbräuhaus of...more