The US Court of Appeals for the Fifth Circuit has consented to reconsider its prior ruling that a provision of the Mississippi Constitution — one that permanently disallows people with certain felony convictions from voting — is unconstitutional. This development came about last Thursday. The reconsideration of the case, which pertains to Section 241 of…
As the global market tightens and competition intensifies, many small business owners have found themselves contemplating franchising as a possible expansion plan. Franchising can enhance your company’s physical presence, escalate your revenue, and heighten your brand recognition. However, it is not a decision to be taken lightly, and the process often takes longer than most…
In a significant development in the realm of franchisee law, a Minnesota federal court recently denied cookie dough franchisor Cookie Dough Bliss Franchising’s bid for a temporary restraining order and preliminary injunction against a former Minnesota franchisee and its owners. This represents a noteworthy instance of a non-compete clause, often embedded in franchise agreements, encountering…
In a recent development that has drawn attention in both the legal and franchisor community, a Utah federal judge has denied the request of cookie franchisor Crumbl for an injunction against the competitor, Dirty Dozen. The injunction would have prevented Dirty Dozen from opening new locations amidst ongoing litigation between the two franchises. The full…
The latest episode in the AGG Talks series deliberates on the complications and strategies surrounding inbound franchising in the United States, particularly by foreign franchisors. This is an essential listen for attorneys, business owners, and legal professionals trying to make sense of the franchising arena in the US. In this episode, Mike Burke, a corporate…
In a noteworthy decision, an appellate court in Illinois upheld a trial court’s dismissal of claims that a franchisor was vicariously liable for the alleged actions of its franchisees. To provide some context, the case in question is Shavers v. The UPS Store, Inc., 2023 IL App (1st) 221407-U (Ill. App. Ct. Aug. 7, 2023)….
In a significant development, the Seventh Circuit Court has reversed a judgment in favor of McDonald’s, breathing new life into a potential employee class action case. The case centers on allegations that the anti-poaching provision, previously part of McDonald’s franchise agreements, is in violation of the Sherman Act (JD Supra). This lawsuit hinges on what…
In a noteworthy development, a federal court in Utah denied an injunction sought out in a dispute between competitors in the gourmet cookie industry. Crumbl LLC v. Dirty Dough LLC, a case that holds implications for competitive behaviour across various business domains, had its preliminary injunction rejected by the court on August 11, 2023. The…
In a recent legal event, a federal court in Michigan has ruled in favor of Little Caesar Pizza Enterprises, Inc. in its motion for summary judgment. The goal of the motion was to enforce the termination of franchise agreements between Little Caesar and franchisee S&S Pizza Enterprises, Inc. This case is officially known as Little…
The Australian Government has recently announced the commissioning of another comprehensive review of the Franchising Code of Conduct (commonly referred to as The Code). This review is slated to be overseen by Dr. Michael Schaper. For those unfamiliar with Dr. Michael Schaper, he brings with him a vast wealth of experience and knowledge, having served…
In a significant legal development, the U.S. Court of Appeals for the Seventh Circuit recently reinstated allegations against McDonald’s. The core of these accusations focuses on the assertion that the no-poach provisions in McDonald’s franchise agreements have violated the antitrust laws. The Seventh Circuit conveyed in their opinion that these provisions might be categorically (per…
In a decisive move, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims related to no-poach clauses in franchise agreements. The court’s ruling came in the case of Deslandes v. McDonald’s USA LLC on August 25, 2023. As reported by JD Supra, no-poach clauses, often found in franchise agreements,…
In an intriguing development in the world of franchising, a Virginia district court recently ruled in favor of a franchisor, dismissing a lawsuit filed by 360 Painting. Known for its vast portfolio in residential and commercial painting services, the operation’s legal challenge was based on allegations of breach of contract and a call for equitable…
The melodies of Rick Ross have often intertwined with lavish descriptors of life, carving an upmarket rap niche that leaves even the likes of Robin Leach intrigued. Behind the smooth flow and luxury imagery is a web of legal narratives, stories, and lessons that have emerged from Ross’s journey as a rapper and entrepreneur. These…
Legal professionals working at top law firms and world-renowned corporations would be interested in examining a recent resource provided by Lathrop GPM on the topic of franchising as exemplified by Ben & Jerry’s – a veritable case study in this area. This discussion is part of Lathrop GPM’s Increasing Diversity initiative in Franchising and provides…
The landscape of foreign trademark infringement has experienced a significant shake following the U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic. It has presented new challenges for brand owners and courts who are struggling to understand the implications of the ruling and how it affects the application of the federal Lanham Act in global…