News & Analysis as of

Contract Termination Summary Judgment

Carlton Fields

New California Lapse Statute Decision Highlights the Importance of Where Insurance Policies are “Issued or Delivered”

Carlton Fields on

This past May, the Ninth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in favor of a life insurance company, finding that California’s lapse statute applies only to life insurance...more

Lathrop GPM

Michigan Federal Court Grants Summary Judgment Enforcing Franchise Agreement Termination and Awarding Liquidated Damages and...

Lathrop GPM on

A federal court in Michigan granted Little Caesar Pizza Enterprises, Inc.’s motion for summary judgment seeking to enforce its termination of the franchise agreements between it and franchisee S&S Pizza Enterprises, Inc....more

Lathrop GPM

Minnesota Bankruptcy Court Enjoins Franchisee’s Breach of Post-Termination Noncompete

Lathrop GPM on

A Minnesota bankruptcy court granted Fantastic Sams summary judgment and enjoined a former franchisee from violating the post-termination noncompete in its franchise agreements after the franchisee rejected the agreements in...more

Bradley Arant Boult Cummings LLP

No Written Notice of Delay? Big Problem! Court Sides with Contractor in Termination Dispute

Earlier this week we saw the court in Patriot Construction use the waiver doctrine to excuse a subcontractor’s failure to strictly comply with the documentation requirements of the contract. As a litigant in Illinois federal...more

A&O Shearman

Summary Judgment in football broadcasting rights case: Premier League 1 - 0 PPLive

A&O Shearman on

The Premier League was awarded over USD 200m by way of summary judgment against PPLive in its case about football broadcasting rights during the pandemic. ...more

Lewitt Hackman

Franchisee 101: No Legal Cure for Serial Defaults

Lewitt Hackman on

A federal court in Michigan granted 7-Eleven’s motion for summary judgment, enforcing the franchisor’s right to terminate a franchisee with repeated defaults, even though each default had been cured. 7-Eleven’s franchise...more

Lewitt Hackman

Franchisor 101: Court Delivers Pizza Franchisor Liquidated Damages

Lewitt Hackman on

The Sixth Circuit Court of Appeals recently affirmed a $2.6 million award of liquidated damages in favor of a pizza franchisor and a summary judgment order enforcing termination of franchise agreements due to nonpayment and...more

Lewitt Hackman

Franchisor 101: Court Remediates Damage to Restoration Franchisor

Lewitt Hackman on

A federal court in Nashville granted summary judgment on breach of contract claims in favor of a damage restoration franchisor’s lawsuit with a former California franchisee. A Servpro franchisee had a territory in Los...more

Parker Poe Adams & Bernstein LLP

N.C. Court of Appeals Says Employer Can Require Changes to At-Will Employment Contract

Formal employment contracts can be for a specific term or may be terminated by one or both parties under certain conditions. When the agreement has no set term or can be ended by either party at any time, it is considered...more

Lewitt Hackman

Franchisor 101: No Need for Good Cause

Lewitt Hackman on

A Wisconsin federal judge granted summary judgment in favor of a food service and cleaning equipment maker (“Stoelting”), ruling that minimum purchase requirements under two dealer agreements were not a franchise fee under...more

Winstead PC

Court Holds That A Bank’s Employees Cannot Conspire To Breach Fiduciary Duties And That The Bank Did Not Owe Fiduciary Duties To A...

Winstead PC on

In Herring v. Am. Paper & Janitorial Prods., the plaintiff was a subcontractor who provided janitorial services for a bank and was also a depositor of the bank. No. H-17-3474, 2018 U.S. Dist. LEXIS 215765 (S.D. Tex. December...more

Lewitt Hackman

FRANCHISEE 101: Cannabiz Accounting

Lewitt Hackman on

Tax service franchisor, H&R Block, was recently vindicated in having terminated a franchisee for violating an in-term non-compete covenant. A United States District Court granted the franchisor summary judgment in Devore v....more

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