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The Franchise Memorandum

The Franchise Memorandum

  • Posts by Kristin M. Stock

    Kristin assists clients at all stages of litigation, spanning from pre-litigation investigation through the appeal process. Kristin seeks to understand each client's individual circumstances and goals to formulate an ...

Posted in Arbitration

The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker employed by a company outside of the transportation industry. Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024).

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Posted in Arbitration

A federal court in North Carolina has held that considerations of judicial economy required that litigation of nonarbitrable claims should be stayed pending completion of a related arbitration. Medical Search Consultants, LLC v. Pasture Gate Holdings, Inc., 2023 WL 8532400 (W.D.N.C. Dec. 8, 2023).

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Posted in Arbitration

A federal court in Florida rejected a franchisee’s motion to vacate an arbitration award entered against it despite its arguments it did not have notice of the arbitration hearing. Your CBD Stores Franchising, LLC v. Buckwalter, 2023 WL 6676671 (M.D. Fla. Oct. 12, 2023).

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Posted in Contracts

A federal court in Tennessee determined that a binding contract existed between a sales representative and CWS Powder Coatings Company governing the percentage of commissions to be paid to the representative for sales to Premier, a CWS customer. The court also concluded, however, that there was no binding agreement requiring payment of commissions on sales to Carrier, a prospective customer at the time the alleged agreement was formed, who began purchasing from CWS nine years later. Reaves v. CWS Powder Coatings Co., No. 3:22-cv-0158 (M.D. Tenn. May 24, 2023).

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Posted in Renewals

A federal court in Ohio recently declined to dismiss a franchisee’s claims of breach of contract, rejecting the franchisor’s argument that the claims were barred by general releases included in the parties’ agreement. SC Am. v. Marco’s Franchising, 2023 WL 2229654 (N.D. Ohio Feb. 23, 2023).

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Posted in Attorneys' Fees

A federal court in Massachusetts has denied a franchisor’s summary judgment motion which sought attorneys’ fees related its defense of previously dismissed claims. Patel v. 7-Eleven, 2023 WL 35357 (D. Mass Jan. 4, 2023).

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Posted in Antitrust

A federal court in Missouri recently ruled that antitrust claims against four real estate broker franchisors and a trade association may proceed to trial based on evidence that the association’s code of ethics may inflate broker commissions. Burnett v. Nat’l Ass’n Of Realtors, 2022 WL 17741708 (W.D. Mo. Dec. 16, 2022).

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A federal court in New Jersey refused a motion for default judgment where a franchisor plaintiff and the franchisee defendant were both Canadian citizens. Wyndham Hotel Group Canada, v. Ostrander, 2022 WL 16552817 (D.N.J. Oct. 31, 2022).

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Posted in Arbitration

A federal district court in Maine recently relied on the express terms of the franchise agreement between the parties and awarded the franchisor the attorneys’ fees and costs it incurred enforcing and collecting on an arbitration award and defending the franchisee’s appeal of the judgment. Toddle Inn Franchising, LLC v. KPJ Assocs. LLC, 2021 WL 5828029 (D. Me. Dec. 8, 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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