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
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
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