Sentences with phrase «against franchisor»

Based on all of this, the court dismissed the Buyer's allegations against the Franchisor and Cendant.

While he obtained a recovery against Coldwell Pacific, his allegations against the Franchisor and Cendant were dismissed.

Recently, the 6th U.S. Circuit Court of Appeals overturned the May 1995 decision of a district court that had ruled against the franchisor.

Successfully represented a hotel franchisee in a wrongful termination suit against a franchisor after a two - week arbitration hearing

The Court reasoned that where sufficient levels of control are alleged against the franchisor's associate, and given the unique nature of the franchise relationship, it was possible that the common law duty would attach to the franchisor's associate.

The Peterborough franchisees eventually commenced an action against the franchisor for its alleged failure to support the system.

Edison Subs, LLC — a transferee of a Edison, New Jersey Subway restaurant — brought an action in New Jersey state court against the franchisor (Doctor's Associates, Inc.), the former franchisee (Aliya Patel), and the franchisor's affiliate (Subway Real Estate Corp.), alleging breach of contract, fraud, violations of the New Jersey Consumer Fraud Act, negligent misrepresentation, and violation of the covenant of good faith and fair dealing.

Successfully opposed attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation, and breach of contract.

Not exact matches

In July, the National Labor Relations Board defined McDonald's as a joint employer in lawsuits against the company, a designation that could force the franchisor to take responsibility for workers» wages.

It's also a good idea to check whether consumers or franchisees have filed complaints against the franchise or franchisor with franchise regulators, Better Business Bureaus (BBBs) or local consumer protection agencies in your state or the franchisor's home state.

Such a ruling would be the first such decision against a major franchisor.

A franchisor must protect against a franchisee's argument that the purchase provision is vague and unenforceable, and a franchisee must protect against building a great business only to be faced with having to «give it away» to the franchisor for less than it's worth.

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court against A Whistle (1979) Pty Ltd, the franchisor of the Electrodry Carpet Cleaning business, alleging that it was involved in the posting of fake online testimonials.

The amendment is also a big change from the current law, which only bars franchisors (Ford, GM) from competing against their franchisees (local dealers).

Defended investment company against allegations of corporate vicarious liability for franchisor and franchisee negligence related to injuries sustained at bounce house franchise

LAWPRO is seeing an increase in claims against Ontario lawyers by franchisees and franchisors.

Defending claims against lawyers in the current climate is an uphill battle: Franchisees are often treated by the courts almost as a «protected class» as judges seem to strive to make findings in their favour in disputes with franchisors over disclosure.

Faced with such a heavy damages claim, a franchisor will often claim against the lawyer, alleging that the lawyer either drafted an inadequate disclosure statement or failed to warn the franchisor of the consequences of inadequate disclosure.

GM gave the dealers just six days to obtain legal advice and sign the agreement when as a franchisor, the law required it to give them at least 14 days to mull over the deal, David Sterns told the court on the first day of the $ 750 - million class action lawsuit against GM.

El - Aref International Law Office litigation team represented Kuwaiti Franchisee against Master Franchisee and Franchisor in Germany.

The franchisee alleged that the franchisor failed to disclose material facts including ongoing litigation against the previous franchisee, implementation and amendment of operational policies, and the cost of remodelling and renovations.

Favorable settlement for software developer in arbitration against computer education franchisor.

The franchisor, MEDIchair LP, brought a court application to enforce the non-compete covenant against the corporate franchisee and the two individual principals.

It can be a useful legal tool for franchisees as well as franchisors — the former, if rescission (or rescission alone) is not viable; the latter, as a potential defence platform against a fatal rescission claim.

For example, Beasley Allen has represented businesses against insurance carriers, banks, suppliers, franchisors, and competitors, to name a few.

William has acted for a number of franchisors, including a well - known nationwide photographic shop business and a well - known supplier of butane gas, in several cases concerning the enforcement of the terms of their franchise agreements against franchisees;

Most states have laws that forbid a franchisor (like Ford) from competing against franchisees (Ford dealers).

Enforcing non-competition covenants against sales representatives, whether by the franchisor or franchisee broker, is likely very difficult given the much higher employment threshold.

The franchisor can structure additional cash security that gets «burned back,» or credited, against subsequent rental obligation, after the first lease year.

An Ohio federal court has considered allegations made by a national franchisor of real estate brokerages against a large real estate brokerage firm operating in Ohio arising from a 2000 settlement agreement between the parties

A California court has considered a purchaser's allegations against a national real estate franchisor and its parent company based on advertisements created by the franchisor.

He brought a lawsuit against Dodds, Coldwell Pacific, Coldwell Pacific's owner, the Franchisor, and Cendant.

Over the years I've seen many reports and articles about franchisors and franchisees — are you against independent real estate brokerages («What's in a Name,» July / August 2011, p. 26)?