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25 Aug 2010, 11:25 am
The court looked to an earlier Wisconsin Supreme Court decision, Ziegler Co., Inc. v. [read post]
10 Sep 2013, 12:31 pm
Imagine that you're an (alleged) slumlord and the City of Los Angeles has put your building in its "REAP" program, which permits tenants to pay their rent into an escrow account -- which the landlord can use to repair the premises -- once a landlord has failed to repair habitability violations. [read post]
26 Sep 2011, 4:22 pm
To the extent that such fees were paid back to Coverall out of wages earned from Coverall, they represented a prohibited assignment of an employee’s future wages to his employer, the court opined.The court emphasized that its concerns over franchise fees related to the potentially exploitative nature of payments by an employee to an employer for the purpose of securing employment and noted that it expressly did not conclude that franchise fees violated public policy when they were agreed to by… [read post]
26 Feb 2011, 10:12 am
The declaration requested by the franchisees was granted, at least in part, tempered by the realities regarding the franchisor’s continued role in the process.The decision is KFC National Council v. [read post]
29 Nov 2010, 3:21 pm
Finally, the jury did not have to credit a vague assertion that a training charge was for actual live training as opposed to, for example, software that the dealer’s personnel could have needed to refer to on a regular basis in the course of their jobs.The decision is JJCO, Inc. v. [read post]
27 Dec 2010, 3:35 pm
The decision in National Franchisee Association v. [read post]
3 Aug 2011, 8:38 am
The franchisee’s factual averments about the franchisor’s knowledge were less specific, but heightened pleading was not required for the scienter element of fraud, according to the court.The facts in this case made the franchisee’s claims even stronger than they were in an earlier case, Motor City Bagels, LLC v. [read post]
23 Jan 2012, 8:57 pm
The franchisee filed its PMPA claims on June 29, 2011.The decision is Marathon Petroleum Co. v. [read post]
23 Jan 2012, 9:06 pm
The amendment demonstrated that the General Assembly knew how to protect a wholesaler’s right to the continued distribution of a brand, yet previously chose not to do so.The unpublished decision is Country Vintner v. [read post]
27 Aug 2010, 3:01 pm
The fact that the interests of the parties were sometimes at odds did not defeat the existence of a community of interest, the court ruled.The July 29, 2010, decision in Engines, Inc. v. [read post]
22 Jan 2010, 1:33 pm
Even if the business relationship between the parties was a franchise, the dealer still would be required to establish that the failure to comply with the FTC franchise rule constituted a per se violation of the Act, an issue on which the dealer failed to provide persuasive authority, the court noted.The decision is Englert, Inc. v. [read post]
20 Sep 2010, 7:18 am
” This ruling was not an abuse of discretion, the appellate court held.The September 16 decision in Bridge Capital Fund Corp. v. [read post]
22 Sep 2011, 3:14 pm
The franchisee knew all of the facts constituting the claim in early 2003 but did not file the claim until approximately five years later.The decisions in Moua v. [read post]
2 May 2011, 4:49 pm
By using the shops’ actual past performance to calculate projected future royalties and advertising fund contributions, the analysis was not the sort North Carolina courts rejected as being too remote.The decision is Meineke Car Care Centers, Inc. v. [read post]