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Jan 13, 2025 | 
jdsupra.com | Kevin Graff |Michael Sturm
A federal court in Mississippi granted summary judgment in favor of a franchisor on negligence claims that arose after eleven children allegedly contracted E. coli in a franchised water park’s pool. Neely v. Great Escapes Pelahatchie, LP, 2024 WL 5125421 (S.D. Miss. Dec. 16, 2024). The plaintiffs claimed that the franchisor owed them a duty to make the pool reasonably safe and was directly liable for its own acts and omissions related to water safety at the franchised location.
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Nov 11, 2024 | 
mondaq.com | Michael Sturm |Kevin Graff
A federal court in California recently granted summary judgment
in favor of a hotel franchisor on sex trafficking claims brought
under the Trafficking Victims Protection Reauthorization Act
(TVPRA). J.M. v. Red Roof Inns, Inc., 2024 WL 4534479
(E.D. Cal. Oct. 21, 2024). Although the plaintiff was allegedly
trafficked at a franchised hotel, the plaintiff brought her claims
against the franchisor of the hotel, Red Roof Inns.
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Nov 11, 2024 | 
jdsupra.com | Kevin Graff |Michael Sturm
A federal court in California recently granted summary judgment in favor of a hotel franchisor on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). J.M. v. Red Roof Inns, Inc., 2024 WL 4534479 (E.D. Cal. Oct. 21, 2024). Although the plaintiff was allegedly trafficked at a franchised hotel, the plaintiff brought her claims against the franchisor of the hotel, Red Roof Inns.
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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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Aug 9, 2024 | 
jdsupra.com | Kevin Graff |Michael Sturm
A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state antitrust and consumer protection laws. In re Harley-Davidson Aftermarket Parts Marketing, Sales Practices, and Antitrust Litigation, 2024 WL 2846349 (E.D. Wis. June 5, 2024).
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Jul 3, 2024 | 
jdsupra.com | Kevin Graff
[co-author: Emma Piazza]A federal court in California granted two motions to dismiss for failure to state a claim in an action asserting discrimination and tortious interference claims against Volvo Car USA and its franchisee Haron Motor Sales, Inc. Prieto Automotive, Inc., v. Volvo Car USA, LLC, 2024 WL 3011170 (E.D. Cal. June 14, 2024). Manuel Prieto and Ramona Llamas, Hispanic Americans, contracted with HAG Fresno, a Volvo franchisee, to purchase its Volvo dealership.
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Jun 10, 2024 | 
jdsupra.com | Kevin Graff
[co-author: Asad Imam]A federal court in Colorado denied WD Ventures, LLC’s motion to dismiss for forum non conveniens pursuant to the forum selection clause in the parties’ franchise agreement indicating that the parties contemplated federal litigation in Colorado. Old Chicago II Franchising, LLC v. WD Ventures, LLC, 2024 WL 1911221 (D. Colo. May. 1, 2024). Old Chicago and WD entered into a franchise agreement for a pizzeria and taproom that lasted until WD “unilaterally re-brand[ed] . . .
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Apr 15, 2024 | 
jdsupra.com | Kevin Graff |Frank Sciremammano
A federal court in California recently granted partial summary judgment in favor of a distributor of wine corks for breach of an exclusivity provision following the supplier’s sale of certain corks in the United States. M.A. Silva Corks USA, LLC v. M.A. Silva Holdings, Inc., 2024 WL 1180999 (N.D. Cal. Mar. 18, 2024). The parties entered into a supplier and distribution agreement under which Corks USA was the exclusive distributor and marketer for Corticas corks in the United States.
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Mar 19, 2024 | 
jdsupra.com | Kevin Graff |Craig J. Knobbe
The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak Direct Mktg. Sys., LLC, 2024 WL 767619 (11th Cir. Feb. 26, 2024). SMS Business Entities, Inc. (SMS) entered into a franchise agreement with Valpak to operate and sell advertising under the Valpak name in southern Colorado.
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Mar 14, 2024 | 
lathropgpm.com | Craig J. Knobbe |Kevin Graff |Allyson Cunningham |Shlomo Hahn
The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak Direct Mktg. Sys., LLC, 2024 WL 767619 (11th Cir. Feb. 26, 2024). SMS Business Entities, Inc. (SMS) entered into a franchise agreement with Valpak to operate and sell advertising under the Valpak name in southern Colorado.
