Opening a franchise location can offer new opportunities to bring in customers and build a strong business on a preexisting brand. Sometimes, however, a franchise opportunity really is too good to be true. When should prospective franchisees walk away from a franchise...
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Franchise Fees
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,...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2010
And the saga continues . . . In Bye v. Nationwide Mutual Insurance Co., 733 F. Supp. 2d 805 (E.D. Mich. 2010), an insurance agent (“plaintiff”) brought suit against the insurer (“defendant”) alleging it violated the Michigan Franchise Investment Law (MFIL). There,...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2004
And the saga continues . . . In Home Pest & Termite Control, Inc. v. Dow Agrosciences, LLC, No. 8:02CV406, 2004 WL 240556, at *1 (D. Neb. Feb. 6, 2004), a trained pest control operator (“plaintiff”) filed suit against the manufacturer of a termite elimination...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2009
And the saga continues . . . In Coyne’s & Co. v. Enesco, LLC, 553 F.3d 1128 (8th Cir. 2009), a distributor (“plaintiff”) entered into an agreement with a company formed under the laws of England (“company”). The agreement provided for plaintiff’s exclusive right...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2008
And the saga continues . . . In Boeve v. Nationwide Mut. Ins. Co., No. 08-CV-12213, 2008 WL 3915011, at *1 (E.D. Mich. Aug. 20, 2008), plaintiff entered into an Independent Contractor Agent’s Agreement (“ICAA”) with defendant in 2003 to sell defendant’s financial...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2007
And the saga continues . . . In Sound of Music Co. v. Minnesota Mining and Manufacturing Co., 477 F.3d 910 (7th Cir. 2007), a music equipment dealer (“plaintiff”) brought suit against its supplier (“defendant”) alleging violation of the Illinois Franchise Disclosure...