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The Franchise Memorandum

The Franchise Memorandum

  • Posts by Kevin R. Graff
    Associate

    Kevin is a Franchise & Distribution Associate who assists clients in asset acquisitions and dispositions, commercial contracts and franchise matters.

    Prior to joining Lathrop GPM, Kevin was a transactional attorney, where he ...

Posted in Arbitration

A California appellate court recently affirmed a trial court’s ruling that a customer had not agreed to arbitrate claims against a franchisor when she was presented with a “Terms of Use Agreement” at a franchised location. Doe v. Massage Envy Franchising, LLC, 2022 WL 17984107 (Cal. Ct. App. Dec. 29, 2022).

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Posted in Choice of Law

A federal court in Illinois recently enforced a provision designating Illinois law for the interpretation of a distributor agreement between an Illinois manufacturer and a distributor in the Dominican Republic. Wahl Clipper Corp. v. Plaza Lama, 2022 WL 16744282 (N.D. Ill. Nov. 7, 2022).

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Posted in Terminations

A federal court in New York recently denied a franchisor’s motion for summary judgment on claims related to its termination of a lease and dealer agreement. BP Prods. N. Am. Inv. v. Blue Hills Fuels, 2022 WL 16540804 (S.D.N.Y. Oct. 28, 2022).

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Posted in Damages

A federal court in Texas awarded a defendants’ profits, the franchisor’s lost royalty fees, treble damages, and attorneys’ fees and costs following summary judgment. Choice Hotels Int’l, Inc. v. Gosla Fam. Tr., 2022 WL 4295362 (W.D. Tex. Sept. 16, 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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Posted in Attorneys' Fees

The Eleventh Circuit Court of Appeals recently affirmed an award of fees incurred in seeking confirmation of an arbitral preliminary injunction. Vital Pharm. v. Pepsico, Inc., 2022 WL 2066406 (11th Cir. Jun. 8, 2022).

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A federal court in New York denied in part a motion to dismiss a franchisee’s fraud and negligent representation claims. Gould v. ILKB, LLC, 2022 WL 2079652 (E.D.N.Y. June 9, 2022).

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Posted in Contracts

A federal court in Florida looked to the explicit terms of the agreements when a franchisee alleged that a franchisor’s failure to provide ongoing support and assistance was in breach of contract. Show Me Hospitality, LLC v. Tim Hortons USA, Inc., 2022 WL 1182896 (S.D. Fla. Apr. 21, 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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