Shabby Suzuki Shutdown Not Stale, Says Court
In a case of first impression, the Alabama Supreme Court ruled that an ongoing breach does not become stale.read more
View ArticleKiddie Academy Earnings Claims Disclaimed
When is an earnings claim not an earnings claim? When made on FranchiseGator or to the SBA.read more
View ArticleDept of Labor Signals Focus on Franchisee FLSA Violations
A recent Huddle House investigation may have implications for all franchisees.read more
View ArticleNLRB Moderating Stance On Social Media?
What if a Tweet fell in the forest and nobody heard it?read more
View Article5th Circuit Rejects Arbitration Clause
A Texas ruling could impact franchise arbitration clauses. John Carey was an employee of 24 Hour Fitness and  agreed to settle any disputes by arbitration.read more
View ArticleNJ Gift Card Statute Upheld
Franchisors reliant on keeping unused gift card money are out of luck in New Jersey.read more
View ArticleMarketing 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.<read more
View ArticleFranchise Salesman Spammer Sanctioned
An advertising company purporting to work on behalf of Franchise Gator has been sanctioned by a California court.read more
View ArticleMcDonalds 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.read more
View Article9th 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.read more
View ArticleFranchisor 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.read more
View Article"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.read more
View ArticleFalse Denial By Franchisee Creates Triable Issue of Fact
The Hockey Enterprises saga continues, with an interesting twist.read more
View ArticleChrysler, 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.read more
View ArticleArbitrator 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.read more
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