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Log In / Register | Dec 7, 2016

Appeals Court Dismisses Franchisee Claims against Franchisor in Disclosing Confidential Settlement in FDD

AUSTIN, Texas - A U.S. appeals court issued a decision this month upholding the dismissal of claims brought by a franchisee who alleged she was entitled to liquidated damages in the amount of $20 million because the terms of her confidential settlement with franchisor Keller Williams Realty were published in the company's Franchise Disclosure Document.

Hooters Sues Longstanding Franchisee for Abandoning Restaurants

Hooters

ATLANTA – Hooters of America last week sued a 20-year veteran franchisee for abandoning two of its twelve restaurants on the east coast, one in such deplorable condition that customers sent Hooters corporate detailed complaints about the store's filth, stench and buckling floor slates.

DLA Piper’s Top 10 Franchise Cases of 2015, Part 2

In this second segment of the DLA Piper Top 10 Franchise Cases of 2015, John Dwyer, of counsel at the firm, (pictured below) introduces the next important topic: Can a franchisee be terminated for failing to follow the franchisor's pricing?

Franchisees Allowed One Claim against The UPS Store on Charges of “Over-dimensioning” Packages and “Upselling” Services

NEW YORK – In a complex litigation between franchisee and franchisor, a federal judge has now dismissed all but one claim brought by store owners against franchisor The UPS Store and its parent company United Parcel Services, Inc.

Judge Orders Curves Franchisees to Texas, Enforces Statute of Limitations

ST. LOUIS - After 33 franchisee entities filed a 165-count complaint against Curves International alleging the franchisor made misrepresentations that induced them to buy their franchises, a federal judge dismissed 95 claims due to the statute of limitations. The remaining surviving claims were transferred to Texas, the exclusive forum agreed to when franchisees signed their franchise agreements.

Wine & Canvas to Pay Franchisees Attorney Fees for Forcing Undue Litigation

INDIANAPOLIS - A federal court in Indiana ruled in favor of franchisees, ordering Wine & Canvas to pay $175,882.68 in attorney fees. The judge determined that the franchisor admittedly sued the franchisees just so they would incur excessive legal fees in fighting against the company's failed trademark infringement claims and be forced to close their businesses.

Wendy’s Heats Up Legal Battle against 40-Year Franchisee

Wendy's is turning up the heat on its fourth largest franchisee, DavCo, in a lawsuit it filed last December. The 152-unit owner in Maryland refuses to remodel its stores and purchase a new point-of-sale system, and the franchisor vows to terminate its contracts.

Contract Obligations Apply To All

What is worse: a lack of memory or a lack of morals?

Super 8 Gets Grand 400

There is no "I didn't read it" defense to a breach of contract lawsuit. So said a federal court, awarding Super 8 damages of $415,229.

Shoppers Drug Mart’s $1-billion Franchisee Lawsuit

Shoppers Drug MartAngry Canadian pharmacists have officially launched a $1-billion class action lawsuit accusing their franchisor, Shoppers Drug Mart, of breach of franchise contract and unfairly seizing profits.