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Franchisee 101: Leaving A Light On, For Withheld Funds

A federal district court in California granted in part a franchisee’s motion to enforce a temporary restraining order (“TRO”) issued by a state court, finding the franchisor engaged in coercive “self-help” measures by...more

Franchisor 101: No Parent Trap

A group of franchisees filed a petition to compel arbitration against two franchisor entities and their parent company. The district court found that the franchisees failed to show the parent company was bound by the...more

Franchisee 101: Diversity Precedent

A federal district court in New York recently dismissed a case for lack of diversity subject matter jurisdiction where the franchisee plaintiff and franchisor defendant were both foreign entities, even though they both...more

Franchisor 101: Claim Preclusion

The federal district court in North Dakota granted a franchisee’s motion to dismiss a franchisor’s complaint for failure to state a claim and its motion for sanctions, finding the franchisor improperly attempted to relitigate...more

Franchisee 101: The Unearthed FDD

A California federal court denied a franchisee’s motion for summary judgment on its California Franchise Investment Law (“CFIL”) claims and denied the franchisee’s request to add new affirmative defenses....more

Franchisor 101: When Franchisees Comb-Out

A Utah federal court denied a motion by Larada Sciences, Inc. (“LCA”), a franchisor of lice clinics, for a preliminary injunction preventing a former LCA franchisee, The MIH Group, LLC (“MIH”), from operating competing lice...more

Franchisee 101: Topped Off Appeal

The Connecticut court of appeals held that petroleum retailers were not franchisees, and therefore not entitled to the protections afforded under the Connecticut Petroleum Franchise Act (CPFA)....more

Franchisor 101: Location, Location, Location! Forum Selection Clause Overcomes Jurisdictional Challenges

A Louisiana district court held that a franchisee waived its right to remove a dispute with its franchisor from state court to federal court, based on the forum selection clause in the parties’ franchise agreement....more

Franchisee 101: TVPRA Liability for Franchisors

A Washington district court analyzed whether franchisor Wyndham Hotels & Resorts could be held vicariously liable under the Trafficking Victims Protection Reauthorization Act (“TVPRA”). The plaintiff alleged she was...more

Franchisor 101: A Franchisee’s Senior Moment

A federal court in Illinois granted a franchisor’s motion for preliminary injunction against a former franchisee in California, accused of breaching post-termination obligations in a franchise agreement. Applying Illinois...more

Franchisee 101: Judicial Insulation for Arbitration

The federal district court in Michigan granted a motion to stay the franchisee’s case pending resolution of an arbitration between the franchisee and Spray Foam Genie International (“SFGI”), a spray foam insulation business...more

Franchisor 101: No Room for Contempt

A federal district court in New Jersey granted summary judgment in favor of Choice Hotels International (“Choice”) in a trademark infringement action against a former franchisee who operated a hotel under Choice’s Econo Lodge...more

Franchisee 101: Double Parked

The federal district court in Maryland granted in part and denied in part franchisor Spiffy Franchising, LLC’s motion to compel arbitration in a lawsuit brought by a franchisee. The court compelled arbitration for the...more

Franchisor 101: Total Vacancy

The federal district court in New Jersey denied franchisor Days Inn Worldwide, LLC’s motion for summary judgment for breach of contract, where the terms of the franchise agreement did not make clear that a franchisee would be...more

Franchisee 101: Going on Vacatur

A district court in Pennsylvania confirmed a final arbitration award in favor of a franchisor, denying the franchisees’ motion to vacate the award. An association of franchisees sued franchisor Choice Hotels International,...more

Franchisor 101: Waltzing Around Joint Employer Issues

A district court in Maryland granted a franchisor’s motion to dismiss against an employee in a discrimination and wrongful termination case. The court concluded the employee failed to show that she was an employee of the...more

Franchisee 101: All Bark and No Bite

A federal court in Michigan largely denied a franchisor’s motion for preliminary injunction against its former franchisees, accused of breach of contract, trademark infringement, trade secret misappropriation, and civil...more

Franchisor 101: A Path to Lost Future Royalties

A California federal court denied a franchisee’s motion to dismiss a franchisor’s counterclaims related to the loss of future royalties after terminating two separate franchise agreements in Ohio....more

Franchisee 101: Suggestive Termination

An Arizona federal court dismissed a franchisee’s counterclaims for breach of contract, defamation, and injunctive relief against LeTip World Franchise, a professional networking franchisor....more

Franchisor 101: Hey, That’s My ADR Provision

A California federal court stayed proceedings in favor of the franchisor and ordered the parties to undertake the dispute resolution procedures in the franchise agreement, holding that the parties clearly and unmistakably...more

Franchisee 101: Franchisee’s Milkshake Brings All Claims to the Yard

A Texas federal court granted American Dairy Queen Corporation’s motion for partial summary judgment against a terminated franchisee, finding no dispute to the material facts establishing the franchisee’s material breach of...more

Franchisor 101: A Franchise Nondisclosure Document

A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Franchisee 101: Dog Days of Operations

A federal court in Missouri granted franchisor’s motion for preliminary injunction against its former franchisee, enjoining the former franchisee from operating a competing business from the former franchised location....more

Franchisor 101: Duty of Care

The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The court concluded that franchisor did not owe a...more

Franchisee 101: Handle Profit Projections With Care

A New York federal court denied a franchisor’s motion to dismiss a franchisee’s complaint for misrepresentations and improper financial performance representations which allegedly induced the franchisee to enter into multiple...more

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