23 results for 'nos:"Franchise - Contract"'.
J. Starr denies a preliminary injunction to a franchisee of Pizza Hut that owns 142 restaurants; Pizza Hut seeks to terminate the franchise agreements, claiming the franchisee breached a forbearance agreement. The franchisee does not deny that they breached the forbearance agreement, nor provide evidence that Pizza Hut breached the agreement, making their claims unlikely to succeed and disqualifying them from a preliminary injunction.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 2, 2024, Case #: 3:24cv646, NOS: Franchise - Contract, Categories: Interference With Contract, Contract, Injunction
J. Farbiarz rules in part for a hotel franchisor in claims contending the hotel owner terminated the franchise agreement without paying certain fees because evidence does not indicate the agreement included false promises or that the owner was fraudulently induced to enter the contract. Meanwhile, the agreement was set to run until 2036, and the franchisor is now out the recurring fees through that period.
Court: USDC New Jersey, Judge: Farbiarz, Filed On: March 28, 2024, Case #: 2:21cv11557, NOS: Franchise - Contract, Categories: Contract
J. Brnovich rules a business leads company may pursue a preliminary injunction against a social media marketing firm. The business leads company sufficiently showed in court that the marketing firm violated a franchise owner agreement by affixing the leads company's logo on the side of his boat without permission, and then added the word "just" in front of "LeTip" in order to be vulgar and to share it on social media.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 26, 2024, Case #: 2:24cv165, NOS: Franchise - Contract, Categories: Contract, Injunction
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: Fraud, Business Practices, Contract
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J. Hunt partially grants the defendant daycare operator’s motion for summary judgment on multiple contract breach, fraud and misrepresentation claims brought by an Iranian investor. The investor hoped to use his investments into the defendants’ prospective childcare franchises to become a permanent U.S. resident, and sued for multiple counts after the franchises fell apart. The court denies the operator’s motion for summary judgment on the investor’s breach of contract and and partially denies the motion as to his fraudulent misrepresentation claims, but grants the motion as to the investor’s negligent misrepresentation claims, his Franchise Disclosure Act claims, and his requests for declaratory judgment and injunctive relief.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 29, 2024, Case #: 1:19cv3402, NOS: Franchise - Contract, Categories: Fraud, Business Practices, Contract
J. James partly grants a machinery and supply company's motion for sanctions concerning a mining company's failure to produce discovery of state dealer protection regulations. The machinery and supply company sufficiently showed in court that the mining company may have wrongfully cancelled a service agreement without adequate notification.
Court: USDC Kansas, Judge: James, Filed On: January 5, 2024, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Sanctions, Discovery, Contract
J. Helmick denies, in part, the pizza chain operator's motion for summary judgment, ruling too many factual disputes exist regarding terms of its franchise agreement with the development company, including what qualifies as opening a restaurant, to determine at this stage whether the development company met its obligations under the agreement.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 5, 2024, Case #: 3:20cv2024, NOS: Franchise - Contract, Categories: Evidence, Contract
J. Trauger grants the defendant distillery's motion to dismiss the first amended complaint in this breach of contract action involving the alleged transfer of a liquor distribution franchise. The letter that the distributor sent to the distillery requesting approval of the transfer failed to provide the written notice required by statute. Accordingly, the distributor fails to state a claim against the distillery based on an alleged statutory violation or for breach of contract.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:23cv363, NOS: Franchise - Contract, Categories: Civil Procedure, Contract
J. Wright denies a made-to-measure clothing franchisor's motions to alter or amend the judgment after the court awarded rescission and punitive damages to a franchisee in a contract dispute. The franchisee alleged fraudulent misrepresentation and breach of contract, and filed suit to confirm rescission of the franchise agreement. The franchisor was sanctioned for discovery misconduct during the proceedings, and its counsel withdrew, leading the court to grant default judgment to the franchisee and awarded rescission. The judgment is not erroneous and does not violate due process.
Court: USDC Central District of California, Judge: Wright, Filed On: October 3, 2023, Case #: 2:19cv9090, NOS: Franchise - Contract, Categories: Fraud, Contract
J. Walker denies the company that franchises tax return preparation businesses' motion for an injunction prohibiting a former franchisee from operating a tax business within 25 miles of the company's franchises. The company alleges that since the former franchisee terminated the franchise agreement the former franchisee has yet to return the list of clients and other valuable information to the company. The company failed to show that it would suffer irreparable harm absent the injunction.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: September 27, 2023, Case #: 2:22cv383, NOS: Franchise - Contract, Categories: Tax, Contract, Injunction
J. Dooley grants, in part, the franchise developer's motion for summary judgment, ruling the parent company is liable for a breach of the master development agreement for its termination of the agreement after the developer filed suit in this court.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 16, 2023, Case #: 3:20cv360, NOS: Franchise - Contract, Categories: Contract
J. Wicks enters judgment in favor of Mitsubishi on a Brooklyn-based dealership’s claims that alleged the Japanese car manufacturer wrongfully terminated its dealership agreement after discovering in a news article that the dealer had pled guilty to charges from the New York City Department of Consumer and Worker Protection and was fined $500,000 in civil penalties. The court finds the manufacturer was in its right to terminate the agreement and was subsequently under no obligation to consider or review the dealer's offer to sell the agreement to a third party.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: August 14, 2023, Case #: 2:22cv7328, NOS: Franchise - Contract, Categories: Contract
J. James partly grants a machinery company's motion to compel discovery concerning contract claims against mining excavator, which may have cancelled the parties' distributor sales and service agreement. The machinery company sufficiently showed in court that it is entitled to review the mining excavator's non- privilege surface drills business line documents and balance sheets, but not financial statements from a parent corporation.
Court: USDC Kansas, Judge: James, Filed On: June 23, 2023, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Damages, Discovery, Contract
J. James grants a mining company's motion to compel a machinery supplier to respond to discovery requests concerning wrongful termination claims, in violation of the Kansas Outdoor Power Equipment Act. The mining company sufficiently showed in court that the machinery supplier is obligated to turn over documents showing the identity of its majority stockholders and the percentage of shares they accumulated betweed 2012 and 2022.
Court: USDC Kansas, Judge: James, Filed On: June 12, 2023, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Employment, Discovery, Contract
J. Trauger partially grants the franchisor defendants' motion to compel arbitration in this suit alleging fraudulent inducement to contract. The plaintiff franchisee will be required to "submit his claims to arbitration," as the franchise agreement does not exclude fraudulent inducement claims from arbitration. The court will also stay the case, except for the request for a preliminary injunction, which is partially granted.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 16, 2023, Case #: 3:22cv775, NOS: Franchise - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Duffy denies Mercedes-Benz's motion for judgment in a matter in which Mercedes terminated franchise and service agreements with its authorized dealers when they allegedly ended the distribution of the Freightliner Sprinter vehicle.
Court: USDC South Dakota, Judge: Duffy, Filed On: May 11, 2023, Case #: 5:21cv5081, NOS: Franchise - Contract, Categories: Contract