by kladmin | Feb 16, 2017 | Franchise
The Franchisee sought a Dunkin’ Donuts/ Baskin-Robbins franchise with a location in a mall. During negotiations, the Franchisor learned that the Franchisee was also negotiating with a competing franchise, Red Mango Frozen Yogurt and Smoothies. When confronted by the...
by kladmin | Dec 13, 2016 | Franchise
The Plaintiff was a distributor of Defendant’s products in New Jersey and throughout the northeast. Plaintiff filed its initial Complaint in the State Superior Court, but the Defendant had it removed to the Federal District Court. The Defendant filed two motions to...
by kladmin | Dec 8, 2016 | Franchise
This is a troubling decision for Franchisors in New York State. The Franchisee, Mr. Baez, had entered into a franchise with PD 10276, Inc. (“Jan-Pro”) Subsequent to the Franchisee ceasing operations, he applied for unemployment insurance benefits. The State Department...
by kladmin | Sep 23, 2016 | Franchise
Upon executing the franchise agreement, the Franchisee was aware that the Franchisor would require mandatory promotions. In May 2013, the Franchisor rolled-out a “$4 Menu” promotion, which increased the number of meals priced under four dollars (prior to this...
by kladmin | Sep 8, 2016 | Franchise
The Franchisor, Tilted Kilt, filed a complaint seeking to terminate an area development agreement. The action commenced following receipt of a letter demand from the Franchisee seeking the return of its fees. The Franchisee had been recruited by the defendant...
by kladmin | Jul 12, 2016 | Franchise
Without doubt, the driest legal issue to discuss is jurisdiction. Yet, the location of the court in which the dispute will be resolved can have a tremendous impact on the Franchisee, who usually must shoulder the burden of litigating the dispute in the home state of...