Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract...more
4/7/2025
/ Breach of Contract ,
Business Litigation ,
Commercial Litigation ,
Contract Disputes ,
Declaratory Judgments ,
Distributors ,
Forum Selection ,
Jurisdiction ,
Litigation Strategies ,
Motion to Transfer ,
Negligent Misrepresentation ,
Tortious Interference
A federal court in North Dakota recently denied a motion to dismiss vicarious liability claims against the corporate entities constituting the Subway franchise system. C.S. v. Subway Worldwide, Inc., 2025 WL 472475 (D.N.D....more
3/10/2025
/ Assault ,
Corporate Liability ,
Criminal Convictions ,
Employment Litigation ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Human Trafficking ,
Joint Employers ,
Kidnapping ,
Liability ,
Motion to Dismiss ,
Negligence ,
Sexual Assault ,
Subway ,
Vicarious Liability
A federal court in Ohio recently narrowed two hotel franchisors’ attempt to implead their franchisee in a lawsuit under the Trafficking Victims Protection Reauthorization Act (TVPRA). A.S. v. Red Roof Inns, Inc., 2024 WL...more
A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLC’s (collectively, Davachi) motion to dismiss Thorne Research, Inc.’s trademark...more
12/13/2024
/ Amazon ,
Amazon Marketplace ,
First Sale Doctrine ,
Internet Retailers ,
Lanham Act ,
Online Reviews ,
Tortious Interference ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unfair Trade Practices Act
The California Court of Appeals upheld a decision finding that a Texas court had personal jurisdiction over California franchisees. GlobalCFO LLC v. Venkataramanappa, 2024 WL 4220439 (Cal. Ct. App. Sept. 18, 2024)....more
10/14/2024
/ Business & Professions Code ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Motion to Vacate ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Permanent Injunctions ,
Personal Jurisdiction ,
Venue
A state appellate court in Pennsylvania recently affirmed a trial court’s summary judgment ruling addressing a franchisor’s claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas....more
The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of two claims brought by distributors against the medical-device manufacturer Zimmer Biomet. It also affirmed a jury verdict in favor of the...more
On Friday, July 12, 2024, the Federal Trade Commission (“FTC”) published an analysis of the information it received in response to its Request for Information related to franchisors’ business practices, launched in March...more
7/17/2024
/ Contract Terms ,
Disclosure ,
Federal Trade Commission (FTC) ,
Fees ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
FTC Act ,
New Guidance ,
Policy Statement ,
Request For Information
A state trial court in Minnesota granted Renters Warehouse USA, LLC’s motion for a temporary injunction, and enjoined Life Property Managers, LLC (LPM) from violating its post-termination obligations and a covenant not to...more
A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels &...more
A federal court in Washington recently granted in part and denied in part a former distributor’s partial motion to dismiss claims for breach of a post-termination noncompete agreement, breach of the implied duty of good faith...more
The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed....more
3/19/2024
/ Contract Termination ,
Default ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Infringement ,
IP License ,
Patent Infringement ,
Patents ,
Preliminary Injunctions ,
Remand ,
Reversal ,
Trade Dress
An appellate court in California has affirmed a trial court’s rejection of more than $4 million in lost business profits, which appellant Glen Suh alleged in a breach of contract action against franchisor Boba Time, Inc. Suh...more
3/15/2024
/ Appeals ,
Breach of Contract ,
Business Litigation ,
Business Losses ,
Contract Terms ,
Exclusive Territory ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Royalties
A federal court in Illinois recently granted partial summary judgment to LMLC Franchising, LLC (LMLC-F), LMLC Management, LLC (LMLC-M), and Todd Barnhardt on claims brought by John Doe and Aylin & Ramtin, LLC (A&R) for breach...more
A federal court in California denied a franchisor’s motion to dismiss a consumer’s claims for a violation of the unfair-practices prong of California’s Unfair Competition Law (UCL) and unjust enrichment. Torres v. Botanic...more