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The Franchise Memorandum

The Franchise Memorandum

Posts in Franchise Associations.

The Third Circuit Court of Appeals reversed a judgment dismissing claims brought by the New Jersey Coalition of Automotive Retailers against Mazda Motor of America under the New Jersey Franchise Practices Act. N.J. Coal. of Auto. Retailers, Inc. v. Mazda Motor of Am., Inc., 957 F.3d 390 (3d Cir. 2020). In the underlying action, the Coalition (a trade association whose members consist of franchised new car dealerships in New Jersey, including 16 Mazda dealers) alleged Mazda’s incentive program for its franchised dealers violates the New Jersey Franchise Practices Act in that it ...

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A Connecticut federal court has declined to dismiss a complaint filed by a franchisee association against Edible Arrangements alleging breach of contract, breach of a duty of good faith and fair dealing, and violation of the Connecticut Unfair Trade Practices Act after the franchisor filed a motion for reconsideration. EA Independent Franchisee Association v. Edible Arrangements, International, Inc., Case 3:10-cv-01489-WWE (D. Conn. Sept. 21, 2011). The original ruling was the topic of a special edition of The GPMemorandum in August 2011 (Issue 145). Edible Arrangements ...

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A Florida federal court has dismissed the claim of the National Franchisee Association that Burger King Corporation lacks contractual power to set maximum prices for its franchisees, but has allowed the association to pursue its alternative claim that the exercise of that power to put the double cheeseburger on the chain’s dollar menu violates the duty of good faith and fair dealing. National Franchisee Association v. Burger King Corp., 2010 U.S. Dist. LEXIS 50721 (S.D. Fla. May 20, 2010). The NFA had sought a declaratory judgment that the franchisor does not have authority under ...

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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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