In my previous column, I introduced readers to the often shockingly one-sided and overly aggressive nature of a vast number of franchise agreements. Ronald K. Gardner, Franchising From the Franchisee Lawyer Perspective, Law.com (Sept. 27, 2019). In my next few...
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Year: 2019
Motor Vehicle Manufacturer’s Performance Standard for Franchised Motor Vehicle Dealer Rendered Unfair Under New York Law: Case Summary
On April 27, 2011, Beck Chevrolet Co., Inc., (“Beck”), a franchised motor vehicle dealer, brought suit in New York state court against General Motors (“GM”), a motor vehicle manufacturer, alleging violations of the New York Franchised Motor Vehicle Dealer Act. Beck...
Franchising From the Franchisee Lawyer Perspective
Imagine a client walks into your office wanting to get out of a contractual arrangement that they entered into three years ago. They explain that they are losing money, and that the contract makes no sense for them any longer. In probing them, and reading the...
Obtaining an Attorney’s Lien in California: The Basics Behind Enforcing an Attorney’s Right to be Paid
Everyone desires to have an amicable attorney-client relationship. The common attorney-client relationship in its simplest form is: the potential client signs a fee agreement retaining the attorney, the attorney performs the requested work, the client achieves an end...
Does the California Franchise Investment Law Preempt Common Law Fraud?
There has been uncertainty in the preceding years surrounding whether the California Franchise Investment Law, Cal. Corp. Code § 31000 et seq. (“CFIL”) preempts common law fraud claims. The relevant language of the CFIL provides: Except as explicitly provided in this...
Manufacturer or Distributor Cancellation of a Dealer Franchise: “Just Provocation” Under South Dakota Statute
Intro If you are a franchised dealer, then odds are your contract contains terms regarding the circumstances under which your dealership may (or may not) be terminated. But did you know that you may also have some statutory termination protection as well? Many...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2014
And the saga continues . . . In Chicago Male Medical Clinic, LLC v. Ultimate Management, Inc., No. EDCV 13-00199 SJO, 2014 WL 7180549, at *1 (C.D. Cal. Dec. 16, 2014), plaintiff filed suit against defendants arguing that defendants violated Section 5 of the Illinois...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2013
And the saga continues . . . In H.C. Duke & Son, LLC v. Prism Marketing Corp., No. 411CV04006SLDJAG, 2013 WL 5460209, at *1 (C.D. Ill. Sept. 30, 2013), a producer and distributor of a line of soft-serve ice cream machinery and equipment (“plaintiff”) filed suit...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2012
And the saga continues . . . In BP West Coast Products, LLC v. Shalabi, No. C11-1341MJP, 2012 WL 441155, at *1 (W.D. Wash. Feb. 10, 2012), plaintiff filed suit against defendant alleging that defendant violated certain franchise agreements. Defendant counterclaimed,...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2011
And the saga continues . . . In Roberts v. C.R. England, Inc., 827 F. Supp. 2d 1078 (N.D. Cal. 2011), independent contractors (“plaintiffs”) filed a putative class action against affiliated transportation industry companies (“defendants”) alleging, among other things,...