Menu
Blog Banner Image

The Franchise Memorandum

The Franchise Memorandum

  • Posts by Jason T. Johnson
    Associate

    Jason Johnson is a trial and appellate attorney who represents clients involved in civil litigation and arbitration. Jason focuses his practice on franchise litigation, including antitrust, class actions, unfair competition ...

Posted in Bankruptcy

A federal court in Ohio denied a distributor’s motion for a preliminary injunction, holding that it failed to demonstrate a likelihood of success on the merits of its claims against a beer importer who chose a different distributor following the bankruptcy of a previous importer. Cavalier Distrib. Co. v. Lime Ventures, 2023 WL 2384440 (S.D. Ohio Mar. 7, 2023).

Email LinkedIn Twitter Facebook

A federal court in Maryland granted a foreign hotel franchisee’s motion to dismiss for lack of personal jurisdiction but denied a forum non conveniens motion in a personal injury case naming both franchisor and franchisee as defendants. Sant v. Marriott Int’l, 2023 WL 2213926 (D. Md. Feb. 24, 2023).

Email LinkedIn Twitter Facebook

A federal court in Nevada recently transferred a franchisor’s trademark infringement lawsuit to Illinois, the location of the franchise, declining to rule on the franchisor’s motion for preliminary injunction. Hofbräuhaus of Am., LLC v. Oak Tree Mgmt. Servs., 2023 WL 24179 (D. Nev. Jan. 3, 2023).

Email LinkedIn Twitter Facebook
Posted in Contracts

A federal court in Florida recently granted a franchisor’s motion to dismiss a franchisee’s claim for breach of the implied covenant of good faith and fair dealing, but allowed a claim for breach of contract to proceed. Pinnacle Foods of Cal. v. Popeyes La. Kitchen, 2022 WL 17736190 (S.D. Fla. Dec. 16, 2022).

Email LinkedIn Twitter Facebook
Posted in Contracts

A federal court in Michigan granted partial summary judgment to a steel supplier defending claims for breach of an oral contract and violation of Michigan’s Sales Representatives Commission Act. L.V. Nagle & Assocs. v. Tubular Steel, 2022 WL 3568574 (E.D. Mich. Aug. 18, 2022).

Email LinkedIn Twitter Facebook

A federal court in New Jersey denied a motion for preliminary injunction because of the franchisor’s delay in seeking relief. H-1 Auto Care, LLC v. Lasher, 2022 WL 13003468 (D.N.J. Oct. 21, 2022).

Email LinkedIn Twitter Facebook

A federal court in Virginia held void a franchise agreement’s forum selection provision and granted a franchisee’s motion to transfer the case to California. JTH Tax, LLC v. Leggat, 2022 WL 3970197 (E.D. Va. Aug. 31, 2022).

Email LinkedIn Twitter Facebook

The Eleventh Circuit Court of Appeals recently reversed a lower court’s dismissal for lack of jurisdiction, upholding a floating forum selection clause in a franchise agreement. AFC Franchising, LLC v. Purugganan, 43 F.4th 1285 (11th Cir. 2022).

Email LinkedIn Twitter Facebook

The Texas Supreme Court, answering a certified question from the Fifth Circuit Court of Appeals, held that the application of a state dealer law to an agreement entered into before the law’s passage did not violate the Texas Constitution. Fire Protection Serv., Inc. v. Survitec Survival Prods., Inc., 2022 WL 1815046 (Tex. June 3, 2022).

Email LinkedIn Twitter Facebook
Posted in Discovery

A federal court in New York recently granted a motion to exclude one expert report as untimely filed, but denied a motion to exclude another equally untimely report. Rekor Sys., Inc. v. Loughlin, 2022 WL 2063857 (S.D.N.Y. June 8, 2022).

Email LinkedIn Twitter Facebook

About this Publication

The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP. 

To subscribe to monthly emails for The Franchise Memorandum, please click here

Topics

Archives

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

Blog Authors