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
Some make it a game: At Popeyes Louisiana Kitchen, the fried - chicken chain owned
by AFC Enterprises Inc., the company pits
franchisees against each other in a friendly competition for the fastest drive - thru times.
Actual results may vary materially from those expressed or implied
by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach
by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers,
franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted
against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented
by subsequent reports that BWW has filed or files with the SEC.
The same issues that drive these cases also drive many of the claims
by franchisees staff, management and government agencies
against the franchiser.
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.
Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of claims
by a potential
franchisee against a dealership, the vehicle manufacturer, the financing company and a potential...
On July 4, 2017, the Court of Appeal for Ontario released a decision in Trillium Motor World Ltd. v. General Motors of Canada Limited about an appeal from a dismissal of a class action trial
against General Motors of Canada
by a group of its terminated
franchisees / dealers.
On April 15, 2015, the Quebec Court of Appeal released its highly anticipated decision in Bertico Inc. v. Dunkin' Brands Canada Ltd., a group action brought
against Dunkin' Donuts
by 21 of its
franchisees in Quebec.
To conclude that Maple Leaf owed a duty of care in tort to the
franchisees to protect them
against the kinds of damages at issue on this appeal would be to enlarge the duty to safeguard the health and safety of customers
by supplying fit meat to include a quite different and added duty to
franchisees to protect
against reputational harm.
A lawsuit seeking compensatory and punitive damages was filed today
against GNC Franchising, Inc., a subsidiary of General Nutrition Companies, Inc.,
by New Jersey GNC
franchisees and the nationwide GNC
Franchisee...
Enforcing non-competition covenants
against sales representatives, whether
by the franchisor or
franchisee broker, is likely very difficult given the much higher employment threshold.
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