The Slow Down of the FAST Act: Surprise Deal Reached Which Ends Statutory Joint Employee Threat Until 2028 in California

Baird v. OsteoStrong Franchising LLC: Yet Another Lesson in How to NOT Start a Franchise Lawsuit

Mar 9, 2022Legal AlertsCalifornia, CFRA, Jurisdiction

Executive Summary: In an unpublished decision, Judge Nunley of the United States District Court for the Eastern District of California granted the defendant franchisor’s motion to transfer the matter from California for all non-California franchisees who initiated the lawsuit and issued an order to show cause for the sole California franchisee on why its action should be transferred as well. […]

Pinnacle Foods of California, LLC v. Popeyes Louisiana Kitchen, Inc.: Court Rules Development Agreement does not Qualify as a Franchise Under the CFRA

Apr 21, 2021Legal AlertsCalifornia, CFRA, Development Agreement, Federal Court, Forum Selection Clause

Executive Summary: In an unpublished decision, Judge Wilson of the United States District Court for the Central District of California granted a motion to transfer to Florida, rejected a franchisee’s arguments regarding the applicability of California’s forum selection clause rule, and ruled that a development agreement does not qualify as a franchise under the CFRA. Citation: Pinnacle Foods of California, […]

Jack in the Box Inc. v. San-Tex Restaurants, Inc.: A Lesson in how Doing Everything Right is Sometimes Not Enough to Prevent a Facially Frivolous Lawsuit

Jan 14, 2021Legal AlertsCFIL, CFRA, CUPA, Federal Court, Jurisdiction, Texas

Executive Summary: In an unpublished decision, Judge Rodriguez of the United States District Court for the Western District of Texas denied Jack-in-the-Box’s motion to dismiss counterclaims brought against it by a franchisee that had been in default for more than two years, was terminated, and continued to operate the franchise after termination. Citation: Jack in the Box Inc. v. San-Tex […]