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

Executive Summary: In an unpublished decision, Judge Nunley of the United States District Court for the Eastern District of California granted the defendant franchisor’s motion to transfer the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. […]

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

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 […]

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

Executive Summary: In an unpublished decision, Judge Rodriguez of the United States District Court for the Western District of Texas denied Jack-in-the-Box’s motion to dismiss counterclaims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 […]