And the saga continues . . . In Romeo Maintenance & Rental v. U-Haul Company of Minnesota, Bus. Franchise Guide (CCH) ¶ 12,259 (Minn. Dist. Ct. Feb. 13, 2001), plaintiff filed suit against defendant seeking a claim for relief under the Minnesota Franchise Act....
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Month: February 2019
Historical Review of Franchise Fees: At a Glance
Whether a particular relationship is considered a franchise requires an in-depth dive into both federal and state statutes defining a “franchise.” As is common in all states that have passed franchise acts, the definition of a franchise includes various elements....
Common Franchise Agreement Provisions: Right of First Refusal
What is it A right of first refusal is extremely common in the franchise industry. Most (if not all) franchise agreements contain a provision giving the franchisor a right of first refusal on the franchisee’s proposed transfer of its business, including a proposed...
Minnesota Supreme Court Clarifies Test and Requires Specific Language to be Used for Certain Indemnity Clauses—Dewitt v. London Road Rental Center, Inc., 910 N.W.2d 412 (Minn. 2018)
In Dewitt v. London Road Rental Center, Inc., 910 N.W.2d 412 (Minn. 2018), the Minnesota Supreme Court resolved the confusion surrounding the proper test for determining whether an indemnity clause is enforceable under Minnesota law. In Dewitt, a rented picnic table...