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Sep 12, 2024 | 
lathropgpm.com | Craig J. Knobbe |Brandon Mickelsen |Allyson Cunningham |Shlomo Hahn
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).
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Sep 12, 2024 | 
lathropgpm.com | Michael Sturm |Emma Halling |Allyson Cunningham |Shlomo Hahn
A federal court in Michigan recently granted several related franchisors’ motions to dismiss a franchisee’s claims for violations of the Michigan Franchise Investment law. Benjamin Franklin Franchising SPE LLC v. David Michael Plumbing Inc., 2024 WL 3997056 (E.D. Mich. Aug. 29, 2024). The franchisors (including Benjamin Franklin Franchising, One Hour Air Conditioning Franchising, and Mister Sparky Franchising) alleged their franchisee David Michael Plumbing Inc.
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Aug 8, 2024 | 
lathropgpm.com | Craig Miller |Cassie Doutt |Allyson Cunningham |Shlomo Hahn
The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of two claims brought by distributors against the medical-device manufacturer Zimmer Biomet. It also affirmed a jury verdict in favor of the distributors on their breach of contract claim under Indiana law. Hess v. Biomet, Inc., 105 F.4th 912 (7th Cir. 2024).
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Aug 8, 2024 | 
lathropgpm.com | Michael Gray |Emma Halling |Allyson Cunningham |Shlomo Hahn
A federal court in Wisconsin recently denied a haircare product dealer’s motion for summary judgment on its Wisconsin Fair Dealership Law (WFDL) and breach of contract claims against the dealer’s national distributor. Brava Salon Specialists, LLC v. REF N. Am., Inc., 2024 WL 3443799 (W.D. Wis. July 16, 2024). Brava Salon Specialists is a Wisconsin-based dealer of haircare products manufactured and distributed by REF North America.
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Jul 3, 2024 | 
lathropgpm.com | Sandra Yaeger Bodeau |Natalie Kay |Allyson Cunningham |Shlomo Hahn
A federal court in New York recently ruled that an interim arbitration order was final and granted a developer’s petition to confirm the order which required the franchisor to make payments to the developer while the arbitration was ongoing. Subway Franchise Sys. of Canada, ULC v. Subway Devs. 2000, Inc., 2024 WL 3090480 (S.D.N.Y. June 21, 2024).
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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 6, 2024 | 
lathropgpm.com | Cassie Doutt |Allyson Cunningham |Shlomo Hahn |Lauren Atherton
A federal court in California recently granted a motion brought by a franchisor and two of its employees to compel arbitration and dismiss an action alleging violations of the California Franchise Investment Law, breach of the implied covenant of good faith and fair dealing, and misrepresentation. Singh v. Batteries Plus, LLC, 2024 WL 2132525 (E.D. Cal. May 13, 2024). The franchise agreement between Ashwant Singh and Batteries Plus contained both mediation and arbitration provisions.
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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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May 9, 2024 | 
lathropgpm.com | Michael Sturm |Cassie Doutt |Allyson Cunningham |Shlomo Hahn
A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels & Resorts, Inc., 2024 WL 1429114 (N.D. Ohio Apr. 2, 2024).
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Apr 11, 2024 | 
lathropgpm.com | Loren Hansen |Allyson Cunningham |Shlomo Hahn |Holly Lechner
The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s Antitrust Division have submitted a comment regarding proposed renewal and expansion of the prohibition on circumvention of “technological protection measures” (TPMs).
