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Opposing the franchisors motion to compel arbitration in the franchisors home state (Indiana), the franchisee argued that the franchise agreement was unenforceable under state law principles-namely, the Washington Franchise Investment Protection Act (FIPA). The court also refused to proceed with any claims until arbitration occurred, finding that the \"inextricably intertwined\" nature of the claims could mean that certain claims not subject to arbitration would nevertheless be disposed of as a result of the arbitration. [...]the court ruled, arbitration would proceed prior to the stayed litigation. *Mr. Doroghazi was counsel to Doctor's Associates, LLC and its affiliates in this matter. LEXIS 18795, at ·1 (D.N.J. Jan. 31, 2021) The U.S District Court for the District of New Jersey transferred a case brought by a franchise association on behalf of franchisees of an indoor amusement park franchise system to the U.S. District Court for the Northern District of Texas based on the presence of a forum selection clause in the applicable franchise agreements. Under the Supreme Court's decision in Atlanic Marine Construction Co. v. U.S. District Court for the Western District of Texas, 571 U.S. 49 (2013), a valid forum selection clause requires the court to presume that a number of factors favor transfer, resulting in transfer being required in all but the narrowest of circumstances.

[...]the defendants sought to dismiss all claims outside the four-year limitation period. The court further noted that the defendants failed to show where or how Blanton could have found copies of the franchise agreement. [...]Blanton had plausibly alleged fraudulent concealment. [...]Davidow tried to argue that her claims fell outside the scope of the arbitration clauses. Davidow was suing under the Sherman Act, a federal statute. [...]the claims easily fell within the scope of the arbitration clauses. Mar. 15, 2019) Adopting the findings of a Magistrate Judge's report and recommendation (the Report), and overruling both parties' objections thereto, the U.S. District Court for the Eastern District of Texas referred the parties to private arbitration under the Federal Arbitration Act and pursuant to the terms of a development agreement for barbecue restaurants in Utah into which the parties had entered (the Development Agreement).

[...]courts routinely cite articles in the Journal on both franchise- and non-franchise-related matters! because, in my opinion, the Journal historically has published articles that are timely, easy to read, and substantive (or as the saying goes, All Killer, No Filler).2 My sincere hope is that you will continue to read this Journal after I fade away into [pick your favorite movie or book reference]? and, more importantly, that you will contribute content to the Journal. Good luck, Aaron-Michael.4 1. А quick search by me on Westlaw revealed almost hundred citations to Journal articles by federal and state courts, including a variety of cases on issues of importance to the franchise community. Jani-King Int'l, 653 S.W.3d 65, 72 (Ky. 2022) (case determining whether franchisees and their employees were employees of franchisor and citing Journal article on same for background understanding of issue); Overstock.com, Inc. v. State ex rel.

[...]Professor Robert Emerson, esteemed professor of franchise law, has offered us a fulsome overview of issues of advertising and speech in Speak for Yourself: Franchises, Advertising, and Speech. [...]we close out our issue with LADR Case Notes from January 2024 through May 2024 and Franchising & Distribution Currents by Aaron-Michael Sapp, Jess Dance, and Lauren Linderman. 1. Policy Statement of the Federal Trade Commission on Franchisors' Use of Contract Provisions, Including Non-Disparagement, Goodwill, and Confidentiality Clauses, Fed.

First up is an article from Jeffrey Mandell, Isaac Brodkey, and James Egle entitled Understanding the Grantors Burden: Good Cause Under the Wisconsin Fair Dealership Law. [...]Thomas Telesca, Rachel Morgenstern, and Briana A. Enck-Smith have catalogued common contractual provisions that have outsized effects in franchise disputes and provide advice on best practices for these provisions in Contract Provisions That Can Make or Break Your Case. [...]new authors Tyler Hartney and Silar Petersen provide readers with some uncommon strategies for recovering attorneys' fees in franchise disputes in the aptly titled article Attorney Fees in Franchise Disputes: Atypical Mechanisms for Obtaining a Fee Award Finally, we end with a discussion of every defendant's greatest fear: punitive damages.