A federal court in Delaware has vacated a damages award in a claim brought by an importer of new Chinese construction equipment who had accused Caterpillar of pushing it out of the U.S. market. Int’l Constr. Prods. LLC v....more
4/4/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Appeals ,
Breach of Contract ,
Business Litigation ,
Caterpillar ,
China ,
Damages ,
Heavy Equipment ,
Imports ,
Manufacturers ,
Vacated
A federal court in Minnesota recently granted franchisor Snap Fitness Inc.’s motion for preliminary injunction against an out-of-state franchisee that announced its intentions to open a competing gym during the term of the...more
An appellate court in California has affirmed a trial court’s rejection of more than $4 million in lost business profits, which appellant Glen Suh alleged in a breach of contract action against franchisor Boba Time, Inc. Suh...more
3/15/2024
/ Appeals ,
Breach of Contract ,
Business Litigation ,
Business Losses ,
Contract Terms ,
Exclusive Territory ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Royalties
A federal court in Minnesota has dismissed a claim under the Minnesota Franchise Act (MFA), holding that a franchisor’s consent to the assignment of a franchise does not constitute a sale or an offer to sell under the Act....more
Second Circuit Affirms Dismissal of Franchisees’ Minimum Wage and Unjust Enrichment Claims -
A divided panel of the Second Circuit Court of Appeals has concluded that claims of improper wage deductions and unjust...more
10/8/2021
/ Breach of Contract ,
Damages ,
Diversity and Inclusion Standards (D&I) ,
Employee Definition ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Misappropriation ,
Non-Compete Agreements ,
Trade Secrets ,
Wage and Hour
Welcome to The Franchise Memorandum by Lathrop GPM. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than manage a business format franchise...more
8/6/2021
/ Arbitration ,
Breach of Contract ,
Choice-of-Law ,
Contract Termination ,
Contract Terms ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Misrepresentation ,
Preliminary Injunctions
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors.
Missouri Federal Court Holds Franchisor Controls Sufficient to Survive Motion to Dismiss...more
7/9/2021
/ Breach of Contract ,
Contract Terms ,
Failure To State A Claim ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctions ,
Injunctive Relief ,
Joint Employers ,
Non-Compete Agreements ,
Personal Jurisdiction ,
Successor Interests
Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more
12/10/2020
/ Breach of Contract ,
Contract Terms ,
Dismissals ,
Distributors ,
Franchise Agreements ,
Franchises ,
IP License ,
License Agreements ,
Manufacturers ,
Motion to Dismiss ,
Tortious Interference ,
Trademarks
Colorado Federal Court Applies Forum Selection Clause to Non-Signatory Entities Controlled by Former Franchisees -
A federal court in Colorado held that entities controlled by former franchisees were bound by the forum...more
11/6/2020
/ Americans with Disabilities Act (ADA) ,
Breach of Contract ,
Contract Terms ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctions ,
Injunctive Relief ,
Non-Compete Agreements ,
Personal Jurisdiction
Ohio Federal Court Awards Damages to Matco for Breach of Contract, Trademark Infringement, and Misappropriation of Trade Secrets -
A federal court in Ohio has granted a franchisor’s unopposed motion for summary judgment...more
2/6/2020
/ Attorney's Fees ,
Breach of Contract ,
Civil Rights Act ,
Confidential Information ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Misappropriation ,
Permanent Injunctions ,
Restrictive Covenants ,
Settlement Agreements ,
Title VII ,
Trade Secrets ,
Trademark Infringement