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Log In / Register | Nov 24, 2014

Arbitrator Failure To Disclose Related Case OK

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.

Chrysler, GM Dealers TARP "Takings" Suit To Proceed

A claim against the US government under the "Takings" clause of the Constitution will proceed notwithstanding prior bankruptcy court litigation.

False Denial By Franchisee Creates Triable Issue of Fact

The Hockey Enterprises saga continues, with an interesting twist.

"Manifest Disregard" Alive In 4th Circuit

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

Franchisor Vicarious Liability: Idaho Adopts Control Test

In a case of first impression, Idaho Supreme Court holds that Operations Manual directives do not constitute sufficient control to hold a franchisor vicariously liable.

9th Circuit Overturns Choice-Of-Law

Choice-of-law provisions may be void as a matter of public policy when determining if someone is an independent contractor or employee, says the Ninth Circuit.

McDonalds Wins Spatula Smackdown Suit

A woman claiming Post-Traumatic Stress Disorder after being hit with a spatula at McDonalds lost her attempt to hold MCD and the franchisee vicariously liable.

Franchise Salesman Spammer Sanctioned

An advertising company purporting to work on behalf of Franchise Gator has been sanctioned by a California court.

Marketing Mechanism Constitutes Tax Nexus In Tennessee

Kids still read books, but nobody uses Quill, pens the Tennessee Court of Appeals in reversing the lower court and finding that nexus exists even without agents or a physical presence.<

NJ Gift Card Statute Upheld

Franchisors reliant on keeping unused gift card money are out of luck in New Jersey.