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Distributors Contract Termination

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

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A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Lathrop GPM

Pennsylvania Federal District Court Grants Battery Supplier’s Motion to Dismiss Distributor’s Breach of Contract Counterclaims for...

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A federal court in Pennsylvania recently granted battery supplier C&D Technologies, Inc.’s motion to dismiss counterclaims brought by its former distributor Elliott Auto Supply Co, Inc. d/b/a Factor Motor Parts’ (FMP). C&D...more

Clark Hill PLC

California Court of Appeals Rejects “Constructive Termination” as a Viable Theory of Contractual Recovery

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Here’s an interesting case from the California Court of Appeals dealing with a unique issue that can arise in beverage distribution contracts – can a supplier “constructively terminate” a distribution agreement through its...more

Lathrop GPM

Puerto Rico Federal Court Denies Distributor’s Motion for Preliminary Injunction to Allow Distributor to Continue to Sell...

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A federal court in Puerto Rico denied a distributor’s motion for a preliminary injunction, finding that justice would not be served by reinstating the relationship between the parties after it was effectively terminated. Nilo...more

Lathrop GPM

The Franchise Memorandum - Issue # 264 (Distribution Issue)

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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

Foley & Lardner LLP

Botched Termination Leads to Preliminary Injunction, Trapping Manufacturer With Distributor

Foley & Lardner LLP on

A recent federal court decision serves as a cautionary tale for manufacturers looking to terminate resellers (dealers or distributors) in their distribution networks. When weighing and executing a termination, manufacturers...more

Lewitt Hackman

Franchisee 101: Don’t Terminate the Hand That Delivers Your Pizza

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A Wisconsin pizza maker, Heggie’s Pizza (Heggie’s) argued that its relationship with a purported pizza distributor A & B Distribution (A&B), did not meet the Wisconsin Fair Dealership Law (WFDL) definition of a “dealership.”...more

Foley & Lardner LLP

Evaluating Transfers and Terminations in Increasingly Consolidated Reseller Networks

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Over the past few years, many manufacturing industries have faced a new trend: reseller (i.e., distributor or dealer) consolidation within channel networks. From the manufacturer’s standpoint, there is clear upside to this...more

Foley & Lardner LLP

Mitigating the Risks Involved With Ending a Business Relationship

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All good things must come to an end. So it is in life, and so it is in business. Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a...more

Bowditch & Dewey

Beer Franchise Law: Can Brewers and Distributors Craft a Resolution?

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Three bills aimed at reforming Massachusetts’ controversial beer franchise law failed to make it out of committee this month, frustrating the efforts of brewers and beer distributors alike. Both sides will now go back to the...more

Lewitt Hackman

FRANCHISEE 101: Cold Brew Remedy

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Beer distributors can be on common footing with their franchisee counterparts in bargaining with brewers or suppliers. Depending on the jurisdiction, distributors may have protection through beer distribution statutes...more

Butler Snow LLP

The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging to Enforce an Arbitration Provision in an Expired...

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A unanimous panel of the Sixth Circuit recently rejected a manufacturer’s attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc. The manufacturer and its distributor entered...more

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