Forum Selection Clause

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Executive Summary: In an unpublished decision, Judge Wilson of the United States District Court for the Central District of California granted a motion to transfer to Florida, rejected a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, […]

Krispy Krunchy Foods LLC v. Jenna Marketing LLC: Louisiana District Court Denies Motion to Transfer by California “Member” Based on Post-COVID-19 Technological Advances

Apr 21, 2021Legal AlertsCalifornia, CFIL, Federal Court, Forum Selection Clause

Executive Summary: In an unpublished decision, Magistrate Judge Hanna of the United States District Court for the Western District of Louisiana ruled against a motion to transfer to California made by a California member / franchisee even where there was no forum selection clause. Citation: Krispy Krunchy Foods LLC v. Jenna Marketing LLC, 2021 WL 1916151 (W.D. La. Apr. 16, […]

Postnet International Corporation v. Wu: Colorado District Court Enforces Colorado Forum Selection Clause for California Franchisee

Feb 19, 2021Legal AlertsCalifornia, CFIL, Federal Law, Forum Selection Clause, Jurisdiction, Preemption

Executive Summary: In a published decision, Judge Domenico of the United States District Court for the District of Colorado ruled against a franchisee’s motion to dismiss where the franchisee challenged the validity of a Colorado forum selection clause. Citation: Postnet International Franchise Corporation v. Wu, 521 F.Supp.3d 1087 (D. Col. 2021). Relevant Background: PostNet International Franchise Corporation (“Franchisor”) maintains its […]