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Mealey's Franchise - Jan-Pro Seeks 9th Circuit Rehearing In Franchisee Classification Lawsuit
Posted on 11 Oct 2019 by Mealeys

SAN FRANCISCO - A cleaning service franchisor filed a petition on Oct. 8 seeking a panel rehearing or rehearing en banc after a Ninth Circuit U.S. Court of Appeals panel on Sept. 24 ruled that franchisees may proceed with claims that they are employees... 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 - 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 - 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 - 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 - Judge Awards Howard Johnson $583K After Breach Of Franchise Agreement In Florida
Posted on 19 Jul 2019 by Mealeys

NEWARK, N.J. - A former hotel franchisee must pay Howard Johnson International Inc. approximately $583,000 after breaching its franchise agreement, a federal judge in New Jersey said in an opinion and accompanying order, both not for publication, filed... Read More

Mealey's Franchise - Arbitration Granted In Franchisees' Suit Over Failed Party Business
Posted on 17 Jul 2019 by Mealeys

TACOMA, Wash. - A federal judge in Washington on July 12 granted a motion to compel arbitration of claims originally brought by franchisees, and now brought by the trustee of their bankruptcy estate, against a party business franchisor's only principal... Read More

Mealey's Franchise - Panel Reverses Finding That Hyundai Violated Texas Occupations Code
Posted on 10 Jul 2019 by Mealeys

AUSTIN, Texas - A determination by the Board of the Texas Department of Motor Vehicles that Hyundai Motor America violated the Texas Occupations Code in its transactions with its franchised dealers did not comply with the Administrative Procedure Act... Read More

Mealey's Franchise - Motion To Add Plaintiffs Denied In Classification Suit By Jani-King Franchisees
Posted on 25 Jun 2019 by Mealeys

SAN JOSE, Calif. - A federal judge in California on June 20 denied a motion for leave to amend a complaint in a nearly decade-old lawsuit to add current franchisees as plaintiffs alongside former franchisees to allow for adequate representation of a proposed... Read More

Mealey's Franchise - New Jersey Panel Again Affirms Ruling Invalidating Franchise's Arbitration Clause
Posted on 17 Jun 2019 by Mealeys

TRENTON, N.J. - On remand from the New Jersey Supreme Court, a state appeals panel on June 13 again affirmed an earlier decision that invalidated an arbitration clause in an agreement to participate at a trampoline park franchise, rejecting franchisor... Read More

Mealey's Franchise - Consignors Are Employees, Not Volunteers, D.C. Circuit Panel Determines
Posted on 12 Jun 2019 by Mealeys

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 7 upheld a district court's ruling that a franchisor's consignors, who worked shifts at consignment sales, are employees rather than volunteers under the Fair Labor... Read More

Mealey's Franchise - Texas Panel Overturns Ruling Vacating Franchisor's Arbitration Award
Posted on 7 Jun 2019 by Mealeys

TEXARKANA, Texas - A Texas appeals panel on June 5 overturned a lower court's ruling vacating an arbitration award in favor of Choice Hotel International Inc., finding that there was no reason to vacate the award and order arbitration through a private... Read More

Mealey's Franchise - Judge Dismisses Gas Station Franchise's Claim For Violations Under PMPA
Posted on 7 Jun 2019 by Mealeys

BOSTON - A Massachusetts federal judge on June 4 dismissed claims for violations under the Petroleum Marketing Practices Act (PMPA) because a gas station has not taken any steps to terminate the franchise and, thus, has no claim under the PMPA (Hopkinton... Read More

Mealey's Franchise - Panel Affirms Confirmation Of $1.35M Arbitration Award In Favor Of Ford Motor Co.
Posted on 4 Jun 2019 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 30 affirmed a lower federal court's ruling that confirmed a $1.35 million arbitration award in favor of Ford Motor Co. in a Kuwaiti company's lawsuit alleging that it was not bound to... Read More

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