The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker employed by a company outside of the transportation industry. Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024).
A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels & Resorts, Inc., 2024 WL 1429114 (N.D. Ohio Apr. 2, 2024).
A Michigan bankruptcy court recently granted debtor/franchisee Empower Central Michigan Inc.’s motion to reject a franchise agreement as an executory contract but found that a non-compete clause and a related confidentiality agreement remained enforceable. In re: Empower Cent. Michigan, Inc., 2024 WL 1848504 (Bankr. E.D. Mich. Apr. 26, 2024).
A federal court in New Jersey recently granted a franchisor’s motion for a preliminary injunction, enjoining the former franchisee from using the franchisor’s marks and violating the franchise agreement’s noncompete clause, as narrowed by the court. GPI, LLC v. Patriot Goose Control Inc., 2024 WL 1704731 (D.N.J. Apr. 18, 2024).
A federal court in Texas has denied an individual owner’s motion to dismiss for lack of personal jurisdiction despite the fact that he had not signed the relevant franchise agreement or corporate guaranty in his individual capacity. Alamo Intermediate II Holdings, LLC v. Birmingham Alamo Movies, LLC, 2024 WL 1813449 (W.D. Tex. Apr. 25, 2024).
A New Jersey appellate court, reversing a summary judgment decision, recently held that the New Jersey Coalition of Automotive Retailers, Inc. (the Coalition) had associational standing to bring an action against Ford Motor Company for declaratory and injunctive relief. N.J. Coal. of Auto. Retailers, Inc. v. Ford Motor Co., 2024 WL 1461817 (N.J. Sup. Ct. App. Div. Apr. 4, 2024).
A federal court in Minnesota recently granted Toro’s motion for a preliminary injunction against two former employees, while dismissing their new employer, a Canadian manufacturer, for lack of personal jurisdiction. The Toro Co. v. Sutterlin, 2024 WL 965238 (D. Minn. Mar. 5, 2024).
The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s Antitrust Division have submitted comment regarding proposed renewal and expansion of the prohibition on circumvention of “technological protection measures” (TPMs).
A federal court in California recently granted partial summary judgment in favor of a distributor of wine corks for breach of an exclusivity provision following the supplier’s sale of certain corks in the United States. M.A. Silva Corks USA, LLC v. M.A. Silva Holdings, Inc., 2024 WL 1180999 (N.D. Cal. Mar. 18, 2024).
A federal court in Washington recently granted in part and denied in part a former distributor’s partial motion to dismiss claims for breach of a post-termination noncompete agreement, breach of the implied duty of good faith and fair dealing, and civil conspiracy. HydroFLOW USA, LLC v. ECO Integrated Tech., Inc., 2024 WL 1049998 (W.D. Wash. Mar. 11, 2024).
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The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP.
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