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...
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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...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2006
And the saga continues . . . In Smith v. Molly Maid, Inc., 415 F. Supp. 2d 905 (N.D. Ill. 2006), a prospective Molly Maid franchisee (“plaintiff”) brought suit against the Molly Maid, Inc. franchisor (“defendant”) alleging, among other things, violation of the...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2005
And the saga continues . . . In Three M Enterprises, Inc. v. Texas D.A.R. Enterprises, Inc., 368 F. Supp. 2d 450 (D. Md. 2005), defendants were unable to prevail on a motion to dismiss on its argument that plaintiff was not a “franchise” under Maryland law....
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2003
And the saga continues . . . In Jon K. Morrison, Inc. v. Avis Rent-A-Car Systems, Inc., Bus. Franchise Guide (CCH) ¶ 12,701 (W.D. Wash. Nov. 20, 2003), Jon K. Morrison, Inc. (“plaintiff”) signed an agency operator’s agreement (“Agreement”) with Avis Rent-A-Car System,...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2002
And the saga continues . . . In Pool Concepts, Inc. v. Watkins, Inc., Bus. Franchise Guide (CCH) ¶ 12,249 (D. Minn. Jan. 20, 2002), a Minnesota franchise dealer of Caldera products (“plaintiff”) filed suit against a California manufacturer of Caldera products...
Historical Review of Franchise Fees: Litigating the Franchise Fee Element in 2001
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....
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....