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Franchisee-Franchisor Feud Continues with New Lawsuit

Posted Fri, 2015-06-05 14:22 by BMM Staff

A franchisee-franchisor relationship gone bad continues to play out in court.

Employee Arbitration Clause Upheld

Posted Thu, 2014-03-27 12:08 by Corbin Williston

Employee litigation is a growing threat to business survival. A recent case shows franchise owners how to draft an employee arbitration provision which courts will uphold.

Arbitrator Failure To Disclose Related Case OK

Posted Sun, 2012-03-18 18:44 by Corbin Williston

Reversing Judge Scheindlin, the 2d Circuit Ct of Appeals says that repeated failure to disclose serving as a "neutral" on a related case does not warrant vacatur of the arbitral award.

Crisis Avoidance: The Real Way to Manage Disagreement

Posted Tue, 2012-03-13 17:05 by RichardSolomon

Lawsuits and arbitrations often sort out disputes in their legal sense. They rarely sort out disputes in a satisfactory personal or financial sense. Anyone familiar with the litigation and arbitration process can tell you about how unsatisfactory the result was in most instances. They cost a fortune.

"Manifest Disregard" Alive In 4th Circuit

Posted Fri, 2012-03-09 14:13 by Corbin Williston

Ultimately the Supreme Court is going to have to decide this one. The score is now 5-5 with one abstaining.

2d Circuit Charges Against Arbitration Class Action Waivers

Posted Wed, 2012-02-22 09:36 by Corbin Williston

Circuit courts are always polite when disagreeing with their bosses on the Supreme Court.

SCOTUS Holds Class Actions Waivers In Arbitration Agreements Are Enforceable

Posted Wed, 2011-04-27 17:45 by Michael Leffel

In a 5-4 decision of AT&T Mobility LLC v. Concepcion, No. 09-893 (April 27, 2011),  the U.S. Supreme Court held that arbitration agreements in standard form contracts that waive the right to pursue a class action are enforceable, and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq., preempts a California court ruling to the contrary. 

Inability of 123 Fit Franchisees To Pay For Arbitration Not Grounds For Lifting Litigation Stay

Posted Sat, 2011-01-15 10:49 by Corbin Williston

Upholding a franchise arbitration clause, a California court rules that lack of financial resources is not grounds for lifting a stay.

Mandatory Arbitration and the Automobile Dealer Arbitrations

Posted Sun, 2010-09-19 21:21 by Peter Silverman

Congress is still considering the arbitration fairness act, which could include a provision banning mandatory arbitration in franchises.  This hasn't gained a lot of traction in the franchisee world because the thinking behind it is fundamentally misguided.

Glenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award

Posted Fri, 2010-08-06 00:41 by DJMD

Glenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award for Medicine Shoppe International in Franchise Dispute Affirmed by Eighth Circuit Court