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The Franchise Memorandum

Court Dismisses Class Action Claims Against Pet Store Franchisor
Posted in RICO

In Jones v. Petland Inc., 2010 U.S. Dist. LEXIS 12538 (S.D. Ohio Feb. 11, 2010), franchisees sued franchisor Petland, asserting in a class action complaint numerous claims of fraud and misrepresentation as well as a RICO claim. Petland moved to dismiss all claims. The court granted Petland’s motion and dismissed all of the franchisees’ claims with prejudice. The court found that the plaintiffs had failed to plead their fraud and misrepresentation claims with particularity as required under the Federal Rules of Civil Procedure. The court also found the franchisees’ RICO claim deficient for want of an identified “enterprise.”  

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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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