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The Franchise Memorandum

The Franchise Memorandum

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A federal court in Kansas recently granted Defendant Sandvik Mining and Construction’s motion to quash a deposition subpoena of its in-house counsel. Roadbuilders Machinery and Supply Co., Inc. v. Sandvik Mining and Construction USA, LLC, 2023 WL 3790691 (D. Kan. June 2, 2023).

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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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A Pennsylvania appellate court affirmed a grant of summary judgment in favor of franchisor DrPhoneFix USA, LLC due to the franchisee’s breach of a franchise agreement and sublease. DrPhoneFix USA, LLC v. Mitchell Enterpriser, LLC, 2022 WL 278840 (Pa. Super Ct. Jan 31, 2022).

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A North Carolina state court recently denied in part and granted in part a franchisor’s motion to compel various categories of information from a group of franchisees. Window World of Baton Rouge, LLC v. Window World, Inc., 2018 WL 4649493 (N.C. Super. Ct. Sept. 26, 2018). A group of Window World franchisees sued the franchisor asserting contract, fraud, and statutory causes of action based on allegations that the franchisor knowingly and intentionally withheld information that they were entitled to receive under federal franchise law, failed to provide them access to the best ...

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A United States District Court in Indiana granted a motion for a protective order prohibiting a franchisee from obtaining discovery from a major shareholder of the franchisor in Noble Roman's, Inc. v. Hattenhauer Distributing Co., 2016 WL 1162553 (S.D. Ind. Mar. 24, 2016). Noble Roman's and Hattenhauer were parties to franchise agreements pursuant to which Hattenhauer was granted the right to make and sell Noble Roman's pizza products at convenience stores in exchange for royalty payments based on Hattenhauer's gross sales. The dispute arose when Noble Roman's audited ...

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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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