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The Franchise Memorandum

The Franchise Memorandum

  • Posts by Rachel L. O'Connor

    Rachel is an associate in the firm's Franchise & Distribution practice group. Located in our Minneapolis office, Rachel counsels clients on transactional, business law, and franchise matters such as corporate governance and ...

A federal court in Oklahoma granted franchisor Pizza Inn, Inc.’s motion for preliminary injunction preventing two former Pizza Inn franchisees – Odetallah and Allen’s Dynamic Food – from operating competing pizza restaurants in the same location as each of their former Pizza Inn franchises. Pizza Inn, Inc. v. Allen's Dynamic Food, Inc., 2023 WL 3015297 (W.D. Okla. Apr. 19, 2023).

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Posted in Terminations

A federal court in Tennessee denied a manufacturer’s motion to dismiss claims that it acted in bad faith and constructively terminated a dealership when it denied the dealer’s proposed relocation sites. Hyundai Subaru of Nashville v. Hyundai Motor Am., 2023 WL 2201015 (M.D. Tenn. Feb. 24, 2023).

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Posted in Renewals

A federal court in Virginia recently enforced an alleged “scrivener’s error” that extended the term of a development agreement for one developer, while enforcing notice requirements to uphold a nonrenewal for another developer. Road King Dev. v. JTH Tax, 2023 WL 2090280 (E.D. Va. Feb. 17, 2023).

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A federal court in New York has denied a franchisor’s motion for preliminary injunction aimed at preventing a former franchisee from operating a competing business in the same location as its former franchised business because the franchisor did not establish that it would suffer irreparable harm absent an injunction. Doctor's Assocs. LLC v. Khononov, 2023 WL 184389 (E.D.N.Y. Jan. 13, 2023).

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A federal court in Connecticut denied a franchisee’s motion for a temporary restraining order permitting it to operate until the court could hear a preliminary injunction motion. A.B. Corp. v. Dunkin' Donuts Franchising, LLC, 2022 WL 17337756 (D. Conn. Nov. 30, 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 Settlement

In an unpublished opinion, a Utah appellate court affirmed the enforcement of a settlement agreement related to a dispute over a terminated franchise agreement. Park Prop. Mgmt. LLC v. G6 Hosp. Franchising LLC, 2022 WL 2165335 (Utah Ct. App. June 16, 2022).

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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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