News & Analysis as of

Notice of Default Breach of Contract

Lewitt Hackman

Franchisee 101: Extra Cheesed Franchisee

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A federal district court in Texas denied a preliminary injunction filed by a franchisee (“EYM”) after Pizza Hut, as franchisor, terminated the franchise agreements....more

Cole Schotz

Project Owners and General Contractors Take Note: Notice-to-Cure Provisions for Termination of Construction Contracts Cannot Be...

Cole Schotz on

Construction contracts generally outline various scenarios in which a party can terminate the contract. In one common scenario, a contractor is permitted to terminate its subcontractor “for cause” if the subcontractor...more

Lewitt Hackman

Franchisor 101: Pizza Termination in 30 Days or Less

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An area developer entered into three agreements with a pizza franchisor and developed 50 franchises in Texas. The franchisor, Pizza Inn, Inc., tried to terminate all three contracts, though each had a twenty-year initial term...more

Lewitt Hackman

Franchisee 101: No Legal Cure for Serial Defaults

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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

Farrell Fritz, P.C.

Plaintiffs Cannot Rely on the Doctrine of Anticipatory Repudiation As Plaintiffs Are Already in Material Breach of the Contract

Farrell Fritz, P.C. on

A life lesson you likely heard growing up applies to contracts: take a hard look at yourself before criticizing others. By the same token, a party who is in material breach of a contract cannot succeed on a claim alleging an...more

Lewitt Hackman

Franchisor 101: Lesson in License Agreements

Lewitt Hackman on

The U.S. Sixth Circuit Court of Appeals upheld summary judgment for franchisor Buffalo Wild Wings (“BWW”) rejecting a restaurant operator’s counterclaims for wrongful termination, malicious prosecution, and breach of...more

Kramer Levin Naftalis & Frankel LLP

Addressing the Statute of Limitations in Serial Asset Sales Violating an Indenture

Market participants invest billions of dollars each year in debt, secured and unsecured. The credit support  for the debt would be illusory without carefully crafted covenants that prevent the company from selling or...more

Lewitt Hackman

FRANCHISOR 101: Future Royalties and Beyond

Lewitt Hackman on

A Florida federal court refused to dismiss a franchisor's claim for past due royalties and lost future profits. The case concerned an Interim Healthcare staffing franchise in Arizona. The franchisor issued a default notice...more

Carlton Fields

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Orrick - Finance 20/20

RMBS Contract Claims Against Trustee Dismissed in Part

Orrick - Finance 20/20 on

On October 2, 2015, Justice Saliann Scarpulla of the New York Supreme Court issued an Opinion and Order partially granting Bank of New York Mellon’s (“BNYM”) Motion to Dismiss an RMBS action brought by Commerce Bank and other...more

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