Operating Agreement is dispositive in determining the value of a franchise in a divorce action, rules an appellate court in overruling a Tennnesee trial court.
Where a contract contains an arbitration clause, may a non-signatory force a signatory to arbitrate? That depends on the facts, says the 8th Circuit in reversing the Eastern District of Missouri in the latest chapter of an 8 year-long litigation.
Citing to leading franchise law cases, the Supreme Court of Mississippi issued a blistering attack on unconscionable arbitration clauses and reversed the appellate court.
Requiring three neutral arbitration & prohibiting class actions can render an arbitration clause unenforceable, rules a California appellate court in a case of significant importance to franchisees.
Motor vehicle dealers in New Hampshire must have recourse to NH forum notwithstanding contract language, rules the state's high court in reversing a trial court.
