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The Franchise Memorandum

The Franchise Memorandum

Posts in Retrospective.
Posted in Retrospective

This is the sixth of our year-long series of articles reviewing the recent progeny of what we identified in December 2007 as the most significant franchise case decisions summarized in Issues 1 through 100 of The GPMemorandum. The sixth of those cases was Dunkin’ Donuts Inc. v. Priya Enterprises, Inc., 89 F. Supp. 2d 319 (E.D.N.Y. 2000), a case handled by current Gray Plant Mooty attorneys before they joined our firm. In Priya, Dunkin’ Donuts initiated a lawsuit seeking an injunction to compel Priya’s compliance with its health, safety, and sanitation standards, as required ...

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Posted in Retrospective

Continuing our yearlong series of articles looking back at the ten cases we identified as the most significant franchise decisions summarized in the first 100 issues of The GPMemorandum, we now cPnsider the evolution of encroachment claims since the Eleventh Circuit's decision in Burger King v. Weaver (1999), in which the court found the Scheck decision to be "logically unsound." We reported in our ten-year anniversary issue in 2007 that "once-routine encroachment claims based on a duty of good faith and fair dealing have been few and far between" since the court's decision in the ...

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Posted in Retrospective

This is the fourth in our year-long series of articles reviewing the recent progeny of what we identified in our December 2007 ten-year anniversary edition as the most significant franchise case decisions summarized in Issues 1 through 100 of The GPMemorandum, which covered the period from late 1997 through 2007. The fourth of those key cases was actually a series of decisions in a class action named Collins v. International Dairy Queen et al., which was venued in federal court in Macon, Georgia, from 1994 through 2000. Our firm represented IDQ and its subsidiary, franchisor American ...

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Posted in Retrospective

Continuing our yearlong series of retrospective articles looking back at the ten cases we identified as the most significant franchise decisions summarized in the first 100 issues of The GPMemorandum, this article will examine the impact of the Eleventh Circuit Court of Appeals’ decision in McDonald’s v. Robertson (1998). That decision was significant not for its result—the court upheld the trial court’s entry of post-termination injunctive relief for the franchisor—but for the type of proof the franchisor was required to present in order to obtain the relief. The ...

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Posted in Retrospective

This is the second in our series of articles reviewing the progeny of what we identified in our December 2007 ten-year anniversary edition as the most significant franchise case decisions summarized in Issues 1 through 100 of The GPMemorandum, which covered the period from late 1997 through 2007. The second of those ten significant rulings was United States v. Days Inns of America, Inc., which actually represented a series of cases brought around the country against franchisors under the building accessibility requirements of the Americans With Disabilities Act. (Gray Plant Mooty ...

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Posted in Retrospective

This is the first of our year-long series of articles reviewing the progeny of what we identified in our ten-year anniversary edition in December 2007 as the most significant franchise case decisions summarized in Issues 1 through 100 of The GPMemorandum, covering the period from late 1997 through 2007. The first of those cases was the groundbreaking decision on appeal in Broussard v. Meineke Discount Muffler Shops, 155 F.3d 331 (4th Cir. 1998). The decision issued by the Fourth Circuit in that case reversed a large judgment that had been entered against the franchisor, primarily ...

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Posted in Retrospective

The first issue of The GPMemorandum was dated December 19, 1997. Today we publish Issue 150. To mark this milestone edition, we preview here a series of articles we will bring to you next year during our fifteenth year of publication. The series of articles will provide a bit of perspective on what has happened with the most important topics in franchise law since we celebrated the tenth anniversary of The GPMemorandum four years ago.

In Issue 101, published in December of 2007, we set forth a list of what we viewed as the ten most important of the 700 cases we had summarized for our franchisor ...

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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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