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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. […]

In 2017, I briefed a decision from the same action. See, https://www.kilcommonslaw.com/franchise/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 ruling granting Dunkin’s application […]

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 […]

Franchisee’s employee sought a job change and applied to a nearby McDonald’s company-owned (McDonald’s Operating Companies or “McCoOp”) restaurant.* After applying and being interviewed, the Plaintiff’s application was turned-down due […]

This decision serves as a cautionary tale for franchisors whom act aggressively and rashly in the protection of its IP. Here, Sub Zero sued a Louisville, Kentucky, ice cream business […]

This decision arises from a dispute centered upon the Franchisee’s refusal to upgrade a Point of Sale (“POS”) system, claiming that the Franchisor’s POS replacement was inferior and not suited […]

Will New Jersey-based Franchisor’s forum selection clauses be enforced over the California Franchise Relations Act (“CAFRA”) and Franchise Investment Law (“CFIL”)? According to the Federal District Court, yes. Alleged Breach […]

  A few years ago I wrote an article addressing the balance between a Franchisor’s control of brand and systems and its exposure to liability due to the Franchisee’s actions. […]

To what extent will a Court allow permanent restraints when a Franchisee clearly violates the terms of the franchise agreement? In this decision, the Court addressed a default judgment motion […]