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Franchisee Unfair Competition

Lewitt Hackman

Franchisee 101: Franchisee’s Milkshake Brings All Claims to the Yard

Lewitt Hackman on

A Texas federal court granted American Dairy Queen Corporation’s motion for partial summary judgment against a terminated franchisee, finding no dispute to the material facts establishing the franchisee’s material breach of...more

Lathrop GPM

Kansas Federal Court Finds Personal Jurisdiction Over Franchisee’s Alleged Competitive Business in Unfair Competition Case

Lathrop GPM on

In a franchisor’s suit against its franchisee and that franchisee’s new business, a federal court in Kansas recently denied the new business’ motion to dismiss for lack of personal jurisdiction. HappyFeet-Legends Int’l, Inc....more

Lewitt Hackman

Franchisee 101: Kicking Injunctions to the Curb

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A Kansas district court denied a franchisor’s motion for preliminary injunction against its former franchisee who engaged in competing businesses immediately after terminating the franchise relationship....more

Warner Norcross + Judd

Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements

Warner Norcross + Judd on

On January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking to prohibit noncompete agreements nationwide. On April 19, 2023, Michigan Attorney General Dana Nessel joined attorney generals from...more

Lewitt Hackman

Franchisee 101: No Shaking Franchisor’s TRO

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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

Lathrop GPM

The Franchise Memorandum - Issue # 262

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California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises - The California Supreme Court has held that its Dynamex decision applies retroactively, answering...more

Lewitt Hackman

Franchise 101: A Sticky Situation

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A federal court in Maryland entered default judgment and a permanent injunction in favor of an ice cream franchisor against a franchisee that continued operating its ice cream shop after termination....more

Lewitt Hackman

Franchisee 101: Precluding the Competition

Lewitt Hackman on

A commercial real estate relocation and consulting business franchisor (Relo) succeeded in getting a preliminary injunction to enforce a non-compete covenant against a former franchisee....more

Lewitt Hackman

FRANCHISEE 101: A Sweet Non-Compete

Lewitt Hackman on

A Florida federal court held that the non-compete provision in a chocolate shop franchise agreement was enforceable against an ex-franchisee operating a competing chocolate store at the former franchised location....more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

Seyfarth Shaw LLP on

In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

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