Brandon Mickelsen

Nov 11, 2024 | mondaq.com | Craig J. Knobbe |Brandon Mickelsen

The Tennessee Court of Appeals reversed a district court's dismissal of a franchisee's declaratory judgment claim, finding that the claim was properly brought in Tennessee. Lakeway Real Estate2, LLC v. ERA Franchise Sys., LLC, 2024 WL 4564153 (Oct. 24, 2024). In December 2014, Lakeway Real Estate2, entered into a franchise agreement with the franchisor ERA Franchise Systems.

Nov 11, 2024 | jdsupra.com | Craig J. Knobbe |Brandon Mickelsen

The Tennessee Court of Appeals reversed a district court’s dismissal of a franchisee’s declaratory judgment claim, finding that the claim was properly brought in Tennessee. Lakeway Real Estate2, LLC v. ERA Franchise Sys., LLC, 2024 WL 4564153 (Oct. 24, 2024). In December 2014, Lakeway Real Estate2, entered into a franchise agreement with the franchisor ERA Franchise Systems.

Oct 11, 2024 | jdsupra.com | Brandon Mickelsen |Justin L. Sallis

The Massachusetts Supreme Judicial Court answered “no” to a certified question from the First Circuit Court of Appeals asking whether plaintiff franchisees “‘perform any service’ for 7-Eleven within the meaning of [the state’s independent contractor law], where . . . they perform various contractual obligations under the Franchise Agreement and 7-Eleven receives a percentage of the franchise’s gross profits.” Patel v. 7-Eleven, Inc., 240 N.E.3d 765 (Mass. 2024).

Oct 7, 2024 | mondaq.com | A Federal Court |Eli Bensignor |Brandon Mickelsen

In July 2024, the National Labor Relations Board (NLRB) withdrew its appeal of a March 2024 federal district court decision striking down the NLRB's 2023 joint employer rule. In that decision, the Eastern District of Texas vacated the 2023 Rule after finding that the NLRB's decision to rescind the 2020 rule was "arbitrary and capricious." Chamber of Commerce v. Nat'l Labor Relations Board, No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024).

Oct 7, 2024 | mondaq.com | Brandon Mickelsen |Craig J. Knobbe

A federal court in Michigan has granted a franchisor's motion for preliminary injunction against former franchisees for violating the franchise agreements' post-termination noncompete provisions. 1-800 Water Damage Int'l LLC v. Restoration RX, LLC, 2024 WL 3623508 (July 31, 2024).