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The Franchise Memorandum

The Franchise Memorandum

  • Posts by Justin L. Sallis

    Justin litigates commercial disputes across the country on behalf of both corporations and individuals. He regularly counsels and represents some of the nation’s most prominent franchisors on matters central to the integrity ...

Posted in Transfers

A federal court in Wisconsin recently held that a franchisor’s contractual right to approve or deny the transfer of a franchise includes the right to condition approval on the transferee’s signing the current form of franchise agreement. Am. Dairy Queen v. Wineinger, 2022 WL 3027004 (W.D. Wis. Aug. 1, 2022).

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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).

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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).

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The Tenth Circuit Court of Appeals recently upheld a preliminary injunction awarded to fitness chain franchisor Core Progression, enforcing a post-termination noncompete against a former franchisee in North Carolina. Core Progression Franchise LLC v. O’Hare, 2022 WL 1741836 (10th Cir. May 31, 2022).

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A federal court in New York recently granted Yum! Brands’ motion to dismiss ADA and New York State Human Rights Law claims brought against it by a customer of a Kentucky Fried Chicken franchise. Zuchengno v. FQSR, LLC, 2022 WL 1214406 (W.D.N.Y. Apr. 25, 2022).

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Posted in Trademarks

A federal court in Mississippi recently denied motions to dismiss filed by various wholesalers of Pepsi and Dr. Pepper products, challenging tortious interference and unfair competition claims brought against them by Brown Bottling Group, a bottler, seller, and distributor of Pepsi and Dr. Pepper products. Brown Bottling Group, Inc. v. Imperial Trading Co., LLC, 2022 WL 667780 (S.D. Miss. March 4, 2022).

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A federal court in Georgia refused to dismiss a franchisee’s counterclaim alleging a breach of a franchise termination agreement between the parties. JTH Tax LLC v. Robertson, 2021 WL 5449215 (N.D. Ga. Nov. 22, 2021).

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Posted in Contracts

A federal court in Illinois recently dismissed a distributor’s claim that a competitor committed tortious interference by encroaching on the distributor’s exclusive distribution territory because the distributor failed to demonstrate—through draft agreements and other communications with the manufacturer—valid exclusive distribution rights. Midland Distrib., Inc. v. Zest US Wholesale, Inc., 2021 WL 4745265 (N.D. Ill. Oct. 12, 2021).

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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. 

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