Recent Posts

Mealey's Franchise - Rent-To-Own Franchisor Defends Exit From Spyware Row Over Franchisee's Objection
Posted on 16 Sep 2019 by Mealeys

ERIE, Pa. - Six days after a Wyoming couple announced their intention to dismiss Electronic Communications Privacy Act (ECPA) claims against a rent-to-own (RTO) franchisor over computer spyware, the plaintiffs and the franchisor on Sept. 16 jointly responded... Read More

Mealey's Franchise - 10th Circuit Upholds Denial Of Barbecue Franchisor's Motion To Compel Arbitration
Posted on 11 Sep 2019 by Mealeys

DENVER - The 10th Circuit U.S. Court of Appeals on Sept. 6 upheld the denial of a motion filed by Dickey's Barbecue Restaurants Inc. to compel arbitration of a franchisee's breach of contract dispute because the parties never executed a franchise... Read More

Mealey's Franchise - Domino's Says Rampant Litigation Supports High Court Review Of Website ADA Suit
Posted on 30 Aug 2019 by Mealeys

WASHINGTON, D.C. - In an Aug. 28 reply brief supporting its petition for certiorari, Domino's Pizza LLC tells the U.S. Supreme Court that a Ninth Circuit U.S. Court of Appeals ruling over the applicability of the Americans with Disabilities Act (ADA... Read More

Mealey's Franchise - Panel: Claims Are Potentially Subject To Employment Practices Liability Coverage
Posted on 29 Aug 2019 by Mealeys

SANTA ANA, Calif. - A California appeals panel on Aug. 27 held that a lower court erred in finding that an employment practices liability insurance policy's wage-and-hour exclusion bars coverage for an underlying lawsuit brought against the owner... Read More

Mealey's Franchise - Jani-King Franchisee Class Settlement Granted Final Approval By Federal Judge
Posted on 29 Aug 2019 by Mealeys

PHILADELPHIA - A federal judge in Pennsylvania on Aug. 26 granted final approval of a $3.7 million settlement to be paid by Jani-King of Philadelphia Inc., Jani-King Inc. and Jani-King International Inc. (collectively, Jani-King), ending more than a decade... Read More

Mealey's Franchise - Burger King Franchisees Will Pay $30,000 To End Intellectual Disability Bias Suit
Posted on 23 Aug 2019 by Mealeys

OKLAHOMA CITY - The operators of a Burger King in Oklahoma will pay $30,000 to end a complaint by the Equal Employment Opportunity Commission that they violated the Americans with Disabilities Act (ADA) for withdrawing a job offer for an applicant with... Read More

Mealey's Franchise - High Court Seeks Response To Petition Seeking Review Of Maryland Taxation Ruling
Posted on 23 Aug 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 21 requested a response to a petition seeking clarification of whether a state may treat franchise fees, royalty fees and similar payments from in-state businesses to out-of-state businesses as income... Read More

Mealey's Franchise - Hotel Franchisees Seek Rehearing After 11th Circuit Found Faxes Were Solicited
Posted on 21 Aug 2019 by Mealeys

ATLANTA - Wyndham Hotel Group (WHG) franchisees filed a petition for rehearing en banc on Aug. 16, approximately three weeks after an 11th Circuit U.S. Court of Appeals panel ruled that sales faxes sent to the hotels were solicited (Gorss Motels, Inc... Read More

Mealey's Franchise - Federal Judge: McDonald's Has Right To 1st Option To Buy Back Franchises
Posted on 21 Aug 2019 by Mealeys

SAN DIEGO - Pursuant to its franchise agreements, McDonald's USA LLC had the first option to purchase eight California franchises for the price set out in a purchase and sale agreement (PSA), even though the franchisor declined to purchase other assets... Read More

Mealey's Franchise - Blind Domino's Patron Opposes Certiorari In Website ADA Accessibility Suit
Posted on 19 Aug 2019 by Mealeys

WASHINGTON, D.C. - A Ninth Circuit U.S. Court of Appeals ruling that held that the Americans with Disabilities Act (ADA) applies to websites and mobile apps was a matter of first impression that did not create a circuit split, a blind man tells the U... Read More

Mealey's Franchise - Arbitration Of Vendor Negotiating Practices Granted In 7-Eleven Suit
Posted on 19 Aug 2019 by Mealeys

CAMDEN, N.J. - A franchisee who sued 7-Eleven for breaching his franchise agreement must arbitrate claims related to vendor negotiating practices, a federal judge in New Jersey ruled Aug. 14, staying those claims and dismissing the others (Bassel Khorchid... Read More

Mealey's Franchise - 2nd Circuit Finds Valid Arbitration Agreement Between Applicant, Franchisor
Posted on 16 Aug 2019 by Mealeys

NEW YORK - A franchisee application that contained an arbitration agreement and the franchisor's consideration of that application constituted "sufficient consideration to support the agreement to arbitrate," a Second Circuit U.S. Court... Read More

Mealey's Franchise - 8th Circuit: Adult Toy Franchisee Has No Free Speech Claim In Zoning Dispute
Posted on 14 Aug 2019 by Mealeys

ST. LOUIS - An adult toy franchisee barred from opening in its chosen location in Jonesboro, Ark., due to its proximity to places of worship and day cares failed to show that the Arkansas law controlling its business location violated the First Amendment... Read More

Mealey's Franchise - Interlocutory Appeal Denied In Suit Over Jimmy John's No-Hire Contracts
Posted on 8 Aug 2019 by Mealeys

CHICAGO - A federal judge in Illinois on Aug. 6 rejected a sandwich shop franchisor's motion for interlocutory appeal of a dismissal denial in a putative Sherman Act class suit over no-hire contracts with franchisees, noting that bringing the matter... Read More

Mealey's Franchise - H&R Block Seeks Arbitration Ruling From 8th Circuit In Employee's Class Suit
Posted on 5 Aug 2019 by Mealeys

ST. LOUIS - Franchisors H&R Block Inc. and H&R Block Tax Services LLC (collectively, H&R Block) filed an appellant brief on July 31 in the Eighth Circuit U.S. Court of Appeals seeking reversal of a trial court's denial of a motion to compel... Read More