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Oct 14, 2024 | 
mondaq.com | James Wahl
The Supreme Court of Minnesota has held that there is no
territorial limit to the Minnesota Franchise Act's (MFA)
provision barring unfair practices, but nevertheless affirmed
dismissal of MFA claims where the parties' relationship did not
constitute a franchise. Cambria Co., LLC v. M&M Creative
Laminants, Inc., 2024 WL 4139394 (Minn. Sept. 11, 2024). Cambria is a Minnesota company that manufactures and sells its own
brand of quartz surface products.
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Oct 11, 2024 | 
jdsupra.com | Kevin Graff |James Wahl
The Supreme Court of Minnesota has held that there is no territorial limit to the Minnesota Franchise Act’s (MFA) provision barring unfair practices, but nevertheless affirmed dismissal of MFA claims where the parties’ relationship did not constitute a franchise. Cambria Co., LLC v. M&M Creative Laminants, Inc., 2024 WL 4139394 (Minn. Sept. 11, 2024). Cambria is a Minnesota company that manufactures and sells its own brand of quartz surface products.
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Jul 8, 2024 | 
jdsupra.com | James Wahl
[co-author: Carson Cargill]The United States Supreme Court recently reversed a decision of the Ninth Circuit Court of Appeals that held lower courts may dismiss a case when a party requests a stay pending arbitration. Smith v. Spizzirri, 144 S. Ct. 1173 (2024). Smith and other plaintiffs were current and former drivers for a delivery service operated by Spizzirri. Smith and other plaintiffs brought claims against Spizzirri, alleging that Spizzirri violated state and federal employment law.
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Jul 3, 2024 | 
lathropgpm.com | James Wahl |Allyson Cunningham |Shlomo Hahn |Carson Cargill
The United States Supreme Court recently reversed a decision of the Ninth Circuit Court of Appeals that held lower courts may dismiss a case when a party requests a stay pending arbitration. Smith v. Spizzirri, 144 S. Ct. 1173 (2024). Smith and other plaintiffs were current and former drivers for a delivery service operated by Spizzirri. Smith and other plaintiffs brought claims against Spizzirri, alleging that Spizzirri violated state and federal employment law.
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Jun 7, 2024 | 
jdsupra.com | James Wahl
A federal court in New Jersey denied plaintiffs’ motion for reconsideration or leave to file an interlocutory appeal challenging the court’s decision to grant defendants’ motion to transfer the case to the Western District of New York. Minnebo v. Metal Supermarkets Franchising Am. Inc., 2024 WL 1928458 (D.N.J. Apr. 30, 2024).
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May 13, 2024 | 
jdsupra.com | Kristin Stock |James Wahl
The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker employed by a company outside of the transportation industry. Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024). Two franchisees purchased the rights to distribute baked goods produced by Flowers Foods, Inc. pursuant to distributor agreements.
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May 9, 2024 | 
lathropgpm.com | James Wahl |Kristin Stock |Allyson Cunningham |Shlomo Hahn
The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker employed by a company outside of the transportation industry. Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024). Two franchisees purchased the rights to distribute baked goods produced by Flowers Foods, Inc. pursuant to distributor agreements.
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Mar 19, 2024 | 
jdsupra.com | Cassie Doutt |James Wahl
The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed. Cir. Feb. 16, 2024). Urban Air is the franchisor of indoor play facilities that include trampolines, ziplines, rope courses, and other attractions.
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Mar 14, 2024 | 
lathropgpm.com | James Wahl |Cassie Doutt |Allyson Cunningham |Shlomo Hahn
The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed. Cir. Feb. 16, 2024). Urban Air is the franchisor of indoor play facilities that include trampolines, ziplines, rope courses, and other attractions.
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Dec 11, 2023 | 
jdsupra.com | Rachel O'Connor |James Wahl
The Seventh Circuit Court of Appeals affirmed an Indiana court's order dismissing a claim by inventor Thomas Russell that his exclusive distributor, Zimmer, Inc., failed to use commercially reasonable efforts to sell Russell’s products. Russell v. Zimmer, Inc., 82 F.4th 564 (7th Cir. 2023). The district court found that, given the terms of the agreement between the parties, Russell failed to state a viable claim for relief and denied Russell’s request to amend the complaint a second time.
