Justin L. Sallis

Dec 16, 2024 | jdsupra.com | Justin L. Sallis

A federal court in Texas denied a manufacturer’s motion to dismiss its dealers’ claims of wrongful termination and breach of contract. Cooper Equip. Co. v. Hitachi Constr. Mach. Americas, Inc., 2024 WL 4467536 (W.D. Tex. Oct. 9, 2024). The plaintiffs were authorized dealers of the manufacturer Hitachi’s construction equipment. In 2023, Hitachi terminated the plaintiffs’ dealer agreements for alleged failure to fulfill certain requirements under the agreements.

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 | Justin L. Sallis |David Archer

An Illinois federal court recently denied a motion by Southern Glazer Wine and Spirits, LLC and Republic National Distributing Company, LLC (RNDC) to dismiss various claims for violations of state and federal antitrust and unfair competition laws asserted by Plaintiff Tiz, Inc., (d/b/a Provi), an online alcohol platform that operates as a "one-stop shop" for retailers to search for and purchase alcohol products across distributors. Tiz, Inc. v. S.

Aug 8, 2024 | jdsupra.com | David Archer |Justin L. Sallis

An Illinois federal court recently denied a motion by Southern Glazer Wine and Spirits, LLC and Republic National Distributing Company, LLC (RNDC) to dismiss various claims for violations of state and federal antitrust and unfair competition laws asserted by Plaintiff Tiz, Inc., (d/b/a Provi), an online alcohol platform that operates as a “one-stop shop” for retailers to search for and purchase alcohol products across distributors. Tiz, Inc. v. S.

Mar 18, 2024 | jdsupra.com | Brandon Mickelsen |Justin L. Sallis

A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024 WL 816243 (E.D. Pa. Feb. 27, 2024). Plaintiff Westbrook Monster Mix exclusively licensed its deer feed recipe, brand, and logo to defendant, Easy Gardener Products in exchange for a royalty.