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The Franchise Memorandum

The Franchise Memorandum

  • Posts by Marilyn E. Nathanson
    Counsel

    Marilyn Nathanson focuses her practice in the fields of franchise and distribution and corporate law. She served as an assistant editor for the “Business Franchises” chapter of Rabkin Johnson’s Current Legal Forms.

A federal court in Missouri recently granted a franchisor’s motion to dismiss and enforced the franchise agreement’s forum selection provision. Fogle Enters. v. CiCi Enters., 2022 WL 5246446 (W.D. Mo. Oct. 6, 2022).

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A federal court in Ohio recently enjoyed a former franchisee from violating the post-term obligations of its franchise agreement, including the post-term covenant not to compete. H.H Fran. Sys., Inc. v. CareSmart Sols., Inc., 2022 WL 4274278 (S.D. Ohio Sept. 15, 2022).

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A federal court in Illinois granted a motion to dismiss a Biometric Information Privacy Act (BIPA) claim against a franchisor brought by a franchisee employee. Stauffer v. Innovative Heights Fairview Heights, LLC, 2022 WL 3139507 (S.D. Ill. Aug. 5, 2022).

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A federal court in Illinois denied a motion to dismiss a beverage distributor’s claims for alleged violations of the Illinois Franchise Disclosure Act. Rhine Enters. LLC v. Refresco Beverage US, Inc., 2022 WL 2439966 (S.D. Ill. July 5, 2022).

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Posted in Employment

A federal court in New York recently denied judgment on the pleadings for two franchisors in a wage and hour putative class action involving franchisee employees. McArdle-Bracelin v. Congress Hotel, LLC, 2022 WL 486805 (N.D.N.Y. Feb. 17, 2022).

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Posted in Encroachment

A federal court in Colorado recently denied franchisor KFC’s motions to set aside a jury award for damages resulting from KFC’s breach of its duty of good faith and fair dealing. Kazi v. KFC US, LLC, 2021 WL 6081832 (D. Colo. Dec. 22, 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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