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The Franchise Memorandum

The Franchise Memorandum

Posts in Misrepresentation.

The U.S. District Court for the District of New Jersey granted in part and denied in part franchisor Meineke Car Care Center’s motion to dismiss several counterclaims lodged against it by franchisee JNMVR Enterprises. Meineke Car Care Ctrs., LLC v. Juliano, 2018 WL 4629517 (D.N.J. Sept. 26, 2018). The parties’ franchise agreement required JNMVR to obtain Meineke’s approval before relocating or selling the franchised business. The agreement also contained a territorial protection clause prohibiting Meineke from granting others the right to operate another Meineke ...

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Relying substantially on admissions from the franchisee’s deposition, a federal court in Washington granted the defendant franchisor’s motion for summary judgment on the franchisee’s claims for misrepresentation. DiNardo v. Wow 1 Day Painting, LLC, 2018 WL 513584 (W.D. Wash. Jan. 23, 2018). Wow licenses a system for providing single-day interior and exterior painting services. DiNardo entered an agreement with Wow in May 2014 to open a franchise in Connecticut, but stopped operating it in late 2015. In May 2016, he brought suit against Wow in Connecticut state court ...

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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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