A franchisee since the 1970s who had owned 21 Hardee’s stores lost on its attempt to evade the jury trial waiver in its franchise renewal agreement. Hardee’s Food Sys., Inc. v. Hallbeck, 2010 U.S. Dist. LEXIS 114192 (E.D. Mo. Oct. 27, 2010). Jury trial waivers “are valid under federal law,” the court held. In this recent decision, the court also found significant that the jury waiver appeared twice in the agreement, including once in bold type. Under these facts, the court found the waiver was made knowingly and voluntarily. The case will go forward sans jury.
The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.
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.
To subscribe to monthly emails for The Franchise Memorandum, please click here.