News & Analysis as of

Breach of Contract Development Agreements

Lewitt Hackman

Franchisee 101: Meet the New Boss

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A Tim Hortons franchisee sued the franchisor for breach of six franchise agreements and an area development agreement. Tim Hortons counterclaimed for breach of contract based on failure by the franchisee to meet the...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 21-26, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decisions: Cam-Carson, LLC v. Carson Reclamation Authority, et al., Case No. B312729: Plaintiff, a commercial real estate developer joint venture, sued the City of Carson...more

Lewitt Hackman

Franchisor 101: No Tax on Renewals

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A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more

Lewitt Hackman

Franchisee 101: No Shaking Franchisor’s TRO

Lewitt Hackman on

An Indiana federal court granted hamburger and milkshake franchisor, Steak n Shake, a temporary restraining order (“TRO”) against a franchisee to enforce post-termination obligations under franchise and area development...more

Lewitt Hackman

Franchisee 101: No Excuse for Late Notice

Lewitt Hackman on

The U.S. Court of Appeals for the Fifth Circuit reversed a trial court judgment against a Texas franchisor, finding the lower court erred in excusing an untimely renewal notice of area development agreements. The Court held a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Energy Production: U.S. District Court Addresses Dispute Involving Development Agreement

A United States District Court (Rhode Island) (“Court”) addressed in a November 6th Order a procedural motion associated with a dispute regarding parties who had entered into a series of agreements to develop renewable energy...more

Farrell Fritz, P.C.

Back to Basics: Long-Arm Statute 101

Farrell Fritz, P.C. on

Reflecting on your first year of law school, you begrudgingly remember learning about personal jurisdiction and the long-arm statute. As a commercial litigator, one of your first questions in representing a defendant should...more

Bradley Arant Boult Cummings LLP

Declaration of Independence: Prior Material Breach Does Not Excuse North Carolina Solar Developer of Performance of Independent...

In Recurrent Energy Development Holdings, LLC v. SunEnergy1, LLC, a North Carolina Superior Court addressed a dispute between two solar developers arising out of a letter of intent/exclusivity agreement. Under the agreement,...more

Winstead PC

QUICK HITS: Protecting Confidential Information in a Collaborative Setting

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A few years ago, our firm defended a client against a claim of patent infringement. As it turned out, our client had disclosed its confidential information to a potential business partner during a pre-collaboration...more

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