A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more
4/3/2020
/ Actual Damages ,
Causation ,
Damages ,
Franchise Agreements ,
Franchise Disclosure Document ,
Franchise Investment Acts ,
Franchisee ,
Notice Requirements ,
Rescission ,
Statutory Violations ,
Willful Violations
Last month, the National Labor Relations Board (NLRB) issued a final rule governing joint-employer status under the National Labor Relations Act (NLRA). The rule should resolve years of controversy over who is an employer...more
A federal court in Alabama denied an urgent care franchisee’s motion to dismiss a suit brought by its franchisor. The franchisee argued the franchise agreement required suits to be brought within a one-year period. But the...more
2/28/2020
/ Acquisitions ,
Choice-of-Law ,
Conflicts of Laws ,
Express Contract Terms ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Limitation Periods ,
Motion to Dismiss ,
Rebranding ,
State Law Claims ,
Statute of Limitations ,
Unenforceable Contract Terms
Many will recall the 2018 national outbreak of E. coli bacteria linked to romaine lettuce. In April that year, an Ohio franchisor ordered its restaurants to stop serving romaine lettuce and dispose of any remaining romaine...more
2/27/2020
/ Appeals ,
Commercial Bankruptcy ,
E-Coli ,
Failure to Comply ,
Food Contamination ,
Food Poisoning ,
Food Safety ,
Franchise Agreements ,
Franchise Termination ,
Franchisee ,
Franchisors ,
Notice of Emergency Action ,
Public Health ,
Public Safety ,
Reaffirmation ,
Safety Violations
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
2/5/2020
/ Breach of Contract ,
Community of Interest ,
Contract Termination ,
Dealerships ,
Distributors ,
Food Manufacturers ,
Food Safety ,
Franchise Acts ,
Franchise Agreements ,
Franchisee ,
Good Cause ,
Notice Requirements ,
Oral Contracts ,
Right To Cure ,
State Law Claims
The Ninth Circuit ruled that a California Matco Tool franchisee, John Fleming, could bring a class action wage and hour suit in California, even though a forum selection clause in the distribution agreement specified Ohio...more
2/3/2020
/ Anti-Waiver Provisions ,
Appeals ,
Arbitration Agreements ,
Class Action ,
Forum Selection ,
Franchise Agreements ,
Franchise Laws ,
Franchisee ,
Franchisors ,
Independent Contractors ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Sales & Distribution Agreements ,
Severability Doctrine ,
State Labor Laws ,
Wage and Hour