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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....
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....
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...
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...
In Northwest, Inc. v. Ginsberg, 572 U.S. 273 (2014), the United States Supreme Court held that Minnesota’s implied covenant of good faith and fair dealing may not be contracted away. In that case, the respondent was a member of airline’s frequent flyer program. Id. at...
For a franchisee, wrongful termination or non-renewal of a franchise agreement poses a serious threat to the business you’ve worked so hard to establish. It can often occur unexpectedly and for seemingly no reason. However, depending on your unique circumstances, you...
Are you considering becoming a franchisee and operating a franchised business? Are you currently operating a franchised business? Are you looking at a franchise agreement and wondering what on earth you are reading? We at Dady & Gardner understand that franchise...
On July 12, 2018, seven franchise systems entered into legally binding “assurances of discontinuance” with the Washington State Attorney General’s Office, which required them to remove “no poach” clauses (also known as “anti-poaching,” “non-solicitation,” and/or “no...
J. Michael Dady Discusses The Legal Side of Franchising With Minnesota Business Magazine Dady & Gardner founder J. Michael Dady recently sat down with Minnesota Business Magazine to discuss the fine art of fine print in franchise law. “Buying a franchise is way...
Franchisees and franchisors need each other to survive. but that doesn’t mean every relationship is perfect. A longtime franchisee lawyer explains how franchisees can best protect their business interests. Read More *NOTICE: This blog is intended solely for...