Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by James Guenthner
Ninth Circuit Rules Washington Suppliers and Manufacturers Can Contract to Permit Termination of the Distributor Relationship Without Cause and to Limit Remedies for Such Termination | Foley & Lardner LLP - JDSupra
The Ninth Circuit has recently vacated a preliminary injunction prohibiting the termination of a beer distribution agreement. In City Beverages, LLC v. Crown Imports, LLC, City Beverages sued Crown Imports when Crown Imports allegedly terminated the parties’ agreement without cause. The agreement made City Beverages the exclusive brewer, marketer, and supplier of several Crown Imports beer brands within a certain part of Washington State.
Third Circuit Rules Texas Auto Dealer Incentive Programs Must Use Reliable Standards
The Texas Third Court of Appeals has offered guidance on the use of dealer incentive programs (DIPs) under the Texas Occupations Code (TOC). In Star Houston, Inc. v. Volvo Cars of North America, LLC and the Board of the Texas Department of Motor Vehicles, Star Houston, Inc. (Star), a local Volvo dealer, and Volvo Car USA, LLC (Volvo), the brand's U.S. distributor, had a dispute over the termination of Star's local franchise. Star claimed Volvo's DIPs violated the TOC.
Third Circuit Rules Texas Auto Dealer Incentive Programs Must Use Reliable Standards | JD Supra
July 28, 2023 To embed, copy and paste the code into your website or blog: The Texas Third Court of Appeals has offered guidance on the use of dealer incentive programs (DIPs) under the Texas Occupations Code (TOC). In Star Houston, Inc. v. Volvo Cars of North America, LLC and the Board of the Texas Department of Motor Vehicles, Star Houston, Inc. (Star), a local Volvo dealer, and Volvo Car USA, LLC (Volvo), the brand’s U.S. distributor, had a dispute over the termination of Star’s local franchise.
Court Denies Motion to Dismiss Suit Alleging that Franchisor Was a Joint Employer | JD Supra
In Acuff v. Dy N Fly, LLC, four female plaintiffs sued a franchisor of hair salons (Dy N Fly), two of its franchisees, and the owner of the two franchisees for wrongful retaliatory termination and sexual harassment in the workplace. The four women allegedly experienced inappropriate workplace conduct, including sexual comments, inappropriate touching, and being watched via the salon video cameras. The plaintiffs told Dy N Fly’s owner and cofounder about these incidents on multiple occasions.
Court Looks At What A Franchise Is Under The Minnesota Franchise Act
In Louis Degidio, Inc. v. Industrial Combustion, LLC, Louis Degidio, Inc. (Degidio) and Louis Degidio Services, Inc. (Degidio Services) sued Industrial Combustion, LLC (IC), a manufacturer of "institutional boiler system" burners, for breach of a sales representative agreement. In 2007, IC and Degidio executed a three-year Non-Exclusive Sales Representative Agreement (Agreement). Degidio Services was not a party to the Agreement.
Court Looks at What a Franchise Is Under the Minnesota Franchise Act | JD Supra
In Louis Degidio, Inc. v. Industrial Combustion, LLC, Louis Degidio, Inc. (Degidio) and Louis Degidio Services, Inc. (Degidio Services) sued Industrial Combustion, LLC (IC), a manufacturer of “institutional boiler system” burners, for breach of a sales representative agreement. In 2007, IC and Degidio executed a three-year Non-Exclusive Sales Representative Agreement (Agreement). Degidio Services was not a party to the Agreement.
Federal Court Deals With Personal Jurisdiction And Choice Of Law Issues
In Luxury Concepts, Inc. v. Bateel International, LLC, a franchisee, Luxury Concepts, Inc. (LCI), sued a retail outlet and e-commerce franchisor, Bateel International LLC (Bateel), as well as multiple Bateel directors in federal court in Michigan. LCI sued Bateel for its alleged failure to meet its supply obligations under the parties' franchise agreements.
Federal Court Deals with Personal Jurisdiction and Choice of Law Issues | JD Supra
In Luxury Concepts, Inc. v. Bateel International, LLC, a franchisee, Luxury Concepts, Inc. (LCI), sued a retail outlet and e-commerce franchisor, Bateel International LLC (Bateel), as well as multiple Bateel directors in federal court in Michigan. LCI sued Bateel for its alleged failure to meet its supply obligations under the parties’ franchise agreements.
“Your Comments Here”: the FTC Seeks Public Comment on the Nature of Franchise Relationships | JD Supra
On March 10, 2023, the Federal Trade Commission (FTC) notified the public it is seeking comments from franchisors, franchisees, and other related parties about franchise agreements, franchisor business practices, and how franchisors may exert control over franchisees and their workers.
Real Estate Case Serves as a Reminder About Adherence to the Terms of a Franchise Agreement—Until a Court Permits Otherwise | JD Supra
In Integrity Real Estate Consultants v. Re/Max of New York, Inc., a franchisee, Integrity Real Estate Consultants (“Integrity”), sued a real estate service provider franchisor, Re/Max of New York, Inc. (“Re/Max”), in New York state court. Integrity alleged Re/Max breached the parties’ franchise agreement when Re/Max attempted to terminate the agreement before its expiration.
Travelodge Hotels, Inc. v. Durga, LLC: A Case Study on How to Document Compliance Obligations under Franchise Agreements | JD Supra
In Travelodge Hotels, Inc. v. Durga, LLC, a hotel franchisor, Travelodge Hotels, Inc. (Travelodge), sued Durga LLC and its sole member (Durga), a hotel franchisee, in the U.S. District Court for the District of New Jersey, the principal place of business for the franchisor. Travelodge is a member brand of Wyndham Hotel Group and does not itself own or operate any hotels.
Farm Equipment Supplier Case Demonstrates Vermont Court’s Willingness to Enforce Plain Meaning of Applicable Statutes | JD Supra
In Northeast Farm Sales and Service, Inc. v. Krone NA, Inc., a farm equipment dealer, Northeast Farm Sales and Service, Inc. (Northeast Farm), sued Krone NA, Inc. (Krone), a supplier of farm equipment, in the dealer’s home state of Vermont. Krone is a subsidiary of the German manufacturer of the farm equipment at issue, Bernard KRONE Holding SE & Co. Foley & Lardner LLP represented Krone in this lawsuit.
American Dairy Queen Corporation Sued in Case Offering Guidance on Interpreting Minnesota’s Franchise Act | JD Supra
A case between a franchisor and franchisee in the U.S. District Court for the District of Minnesota offers guidance on interpreting Minnesota’s Franchise Act. In LG2, LLC v. American Dairy Queen Corp., LG2, LLC (LG2), a Dairy Queen franchisee, sued American Dairy Queen Corporation (ADQ), the franchisor. ADQ had originally entered into a franchise agreement in 1961 with an individual named Bob Denny for the right to a Dairy Queen franchise in Johnson County, Oklahoma.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with James
Contact James, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack