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
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
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