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The Franchise Memorandum

The Franchise Memorandum

Posts in Nonrenewal.
Posted in Nonrenewal

A federal court in Tennessee denied a dealer’s motion to dismiss a supplier’s declaratory judgment action because it was unclear whether a CEO’s departure was a “substantial” change in ownership that would establish good cause for nonrenewal. Wirtgen Am. v. Hayden-Murphy Equip., 2023 WL 123499 (M.D. Tenn. Jan. 6, 2023).

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Posted in Nonrenewal

A federal court in Oklahoma recently granted in part and denied in part a motion to dismiss brought by an equipment distributor. Charles Mach. Works, Inc. v. Valley Ditch Witch, Inc., 2014 U.S. Dist. LEXIS 60522 (W.D. Okla. May 1, 2014). Oklahoma-based tractor parts and equipment manufacturer Charles Machine Works brought suit against one of its Texas distributors, Valley Ditch Witch, seeking a judgment declaring the validity of its nonrenewal of the parties' dealership agreement. Valley Ditch Witch moved to dismiss the suit on its merits and on procedural grounds, including lack ...

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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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