by kladmin | Jan 3, 2019 | Franchise
Regulars to this blog will observe that the control issue within franchising is a running theme and involves the Joint Employer Doctrine, which I discussed and updated in previous articles. Boiled down to its essence, the doctrine holds that if a Franchisor exerts...
by kladmin | Dec 20, 2018 | Uncategorized
This case summary is a cautionary tale to practitioners appearing before the federal bench on franchise matters. Let me begin by saying that I empathize with plaintiff’s counsel here, because I have been on the losing end of motions — where there is no joy! This...
by kladmin | Oct 10, 2018 | Franchise
In 2017, I briefed a decision from the same action. See, 3rd Circuit Upholds Grant of Summary Judgment in Favor of Franchise Cancellation Due to Fraud by the Franchisee In the previously reported summary judgment matter, the 3rd Circuit upheld the District Court’s...
by kladmin | Sep 14, 2018 | Franchise
Plaintiff filed an online application with Subway’s seeking to become a Franchisee. The application included the following term: “I agree that the arbitration will be administered by either the American Arbitration Association or its successor (‘AAA’) or the American...
