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Log In / Register | Aug 15, 2018

Participation May Vary, But When?

A comedian by the name of Mitch Hedberg made a poignant observation once in one of his comedy sketches

Judge Denies BrightStar, Shelly Sun's Attempt to Dismiss Franchisee Lawsuit

PHOENIX – Arizona district court has denied BrightStar Franchising and owner Shelly Sun’s motion to dismiss a lawsuit filed by franchisees. The lawsuit arises out of the parties’ relationship as franchisor and franchisee in providing home healthcare services.

Bareburger Franchise Hit With FLSA Suit Again

Bareburger has been in business less than 5 years, and now has its 2nd lawsuit in 2 years for wage theft. For this franchise, employee lawsuits may simply be a cost of doing business.

Jury to Decide If Denny’s Is Vicariously Liable for Death of Franchisee’s Employee

ALBUQUERQUE – A district court last November denied Denny's, Inc. motion for summary judgment, asserting that it could not be held vicariously liable in the wrongful death of a franchisee's employee killed during an armed robbery.

Lessons from the Donut Wars

Putting the legal implications of the recent Quebec Superior Court decision awarding over 16 million dollars to Dunkin' Brand franchisees in compensation for Dunkin' Brands failure to support and protect its brand in the Quebec market, I see at least five (5) lessons we can all learn from this "...sad saga...of how a once successful franchise operation ....fell precipitously from grace in less than a decade".

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

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

Krispy Kreme Wins In Court Against Franchisee

Krispy Kreme fights trademark battle with a delinquent franchisee in New York and wins.

What If the Franchisor Refuses to Negotiate?

Not all franchisors are enlightened to the fundamental truth that the long-term vitality of franchising depends on the mutual success of franchisors and all of their franchisees. Rather, most franchisors, particularly those who are large and mature, take the position: "It's my trademark, I can do what I want, when I want!"

Quiznos Class Actions Near Settlement

CHICAGO – Attorneys for Quiznos franchisees will appear before Judge Rebecca Pallmeyer in Illinois federal court on Friday at 10 a.m. to ask for preliminary approval for a class action settlement of all class lawsuits. Last September, plaintiffs in this case, Ilene Siemer v. The Quiznos Franchise Company, amended their complaint to bring all four actions suits before the court.

Parada v Superior Court (Monex Deposit Co)

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.