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Fifth Circuit Affirms Enforcement of Jury Trial Waiver in Franchise Transfer Agreement

The Fifth Circuit Court of Appeals recently affirmed the enforcement of a jury trial waiver against a franchisee. Pizza Hut L.L.C. v. Pandya, 79 F.4th 535 (5th Cir. Aug. 22, 2023). Pizza Hut originally filed suit against...more

Tennessee Federal Court Denies Franchisor’s Motion to Dismiss Claims of Bad Faith in Denying Relocation

A federal court in Tennessee denied a manufacturer’s motion to dismiss claims that it acted in bad faith and constructively terminated a dealership when it denied the dealer’s proposed relocation sites. Hyundai Subaru of...more

Ohio Federal Court Denies Motion to Dismiss Based on General Releases

A federal court in Ohio recently declined to dismiss a franchisee’s claims of breach of contract, rejecting the franchisor’s argument that the claims were barred by general releases included in the parties’ agreement. SC Am....more

New York Federal Court Denies Franchisor’s Motion for Preliminary Enforcement of Noncompete

A federal court in New York has denied a franchisor’s motion for preliminary injunction aimed at preventing a former franchisee from operating a competing business in the same location as its former franchised business...more

Missouri Federal Court Denies Summary Judgment to Franchisors on Antitrust Claims

A federal court in Missouri recently ruled that antitrust claims against four real estate broker franchisors and a trade association may proceed to trial based on evidence that the association’s code of ethics may inflate...more

NASAA Adopts Franchise Acknowledgment Policy That is Harmful to Franchisors

​​​​​​​On September 18, the North American Securities Administrators Association (NASAA) adopted a Statement of Policy banning most acknowledgments and compliance questionnaires used by franchisors in the franchise sales...more

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