| Transactions | Franchisor asserted claims for breach of the franchise agreement for failure to pay royalty fees and production fees, misappropriation of trade secrets, and breach of the covenant not to compete. After the parties settled their claims, the court granted an attorneys' fees award to the franchisor. Bennigan's Franchising Co., LLC v. Team Irish, Inc., No. 3:11-cv-00364, 2011 U.S. Dist. LEXIS 136032 (N.D. Tex. Nov. 28, 2011); Bennigan's Franchising Co., LLC v. Team Irish, Inc., No. 3:11-cv-00364, 2011 U.S. Dist. LEXIS 99736 (N.D. Tex. Sept. 6, 2011). Appellate court affirmed trial court's decision to dismiss case based on the Georgia forum selection clause contained in the parties' franchise agreements. Dunlap Enters. v. Roly Poly Franchise Sys., LLC, 2010 WL 2880179, Bus. Franchise Guide (CCH) ¶ 14,436 (Tex. App. July 23, 2010). A federal district court dismissed case against a franchise company's president and vice president based on collateral estoppel grounds and for plaintiffs' failure to meet the pleading standards articulated in Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Summers-Wood v. Wolf, 2009 U.S. Dist. LEXIS 103612, Bus. Franchise Guide (CCH) ¶ 14,284 (D. Conn. Nov. 6, 2009). A federal court dismissed the sole claim against the CEO for alleged violations of the DTPA because the franchisees failed to allege that the CEO engaged in any false, misleading, or deceptive acts or practices. Momentum Marketing Sales & Services, Inc. v. Curves Int'l, Inc., Business Franchise Guide (CCH), ¶14,215 (W.D. Tex. Jul. 28, 2009). A federal court ruled that Texas law trumped out-of-state statutory claims asserted by franchisees, even in states whose franchise statutes contained anti-waiver provisions, dismissing the out-of-state claims based on the Texas choice of law provision in the franchise agreements and on the "most significant relationship" test contained in the Restatement (Second) of Conflicts of Law. Momentum Marketing Sales & Services, Inc. v. Curves Int'l, Inc., Business Franchise Guide (CCH), ¶14,047 (W.D. Tex. Dec. 17, 2008). The Eighth Circuit reversed the district court's grant of summary judgment in favor of franchisees who had filed suit against Domino's for mandating that its franchisees install its proprietary PULSE hardware and software by a date certain. The Eighth Circuit remanded with instructions to enter a take-nothing judgment in favor of Domino's. Kevin Bores, et al v. Domino's Pizza, LLC, 530 F.3d 671 (8th Cir. 2008). Prevailed on motion to transfer venue based on forum selection clauses of franchise agreements. Nina Moss, et al. v. Curves International, Inc.; Bus. Franchise Guide (CCH) ¶13, 638 (S.D. Fl. Apr. 18, 2007). Court reversed and rendered judgment, dismissing president and vice president of franchisor from case based on special appearances. Linda Wolf and Julie Reid v. Summers-Wood, L.P. d/b/a Roly Poly Texas, Summers-Wood Management, L.L.C., John W. Summers, and J. Michael Wood; 214 S.W.3d 783 (Tex. App. -Dallas 2007, no pet.). Prevailed on motion to transfer venue based on forum selection clause of franchise agreement. Youngblood v. JTH Tax Servs., Inc., 2006 WL 1984656 (W.D. Tex. Jul. 17, 2006). Prevailed on a motion for summary judgment upholding the liquidated damages clause in a hotel franchise agreement as reasonable and enforceable. Days Inns Worldwide v. Mandir, Inc., 2005 WL 1669814, Bus. Franchise Guide (CCH) ¶13, 171 (W.D. Okla. Jul. 18, 2005). Prevailed in the appeal of a summary judgment for franchisor in a vicarious liability matter in which court found that franchisor established as a matter of law that it did not retain actual or contractual control over its franchisee to subject it to tort liability. Fitz v. Days Inns Worldwide, Inc., 147 S.W. 3d 467 (Tex. App. -San Antonio 2004, pet. denied). Received summary judgment for franchisor for liquidated damages, recurring fees, and attorneys' fees for licensee and guarantors' breach of license agreement. Ramada Franchise Systems v. Jacobcart, Bus. Franchise Guide (CCH) ¶12,609 (N.D. Tex. Feb. 21, 2003). Prevailed on a preliminary injunction for the franchisor for franchisee's Lanham Act violations. Ramada v. Jacobcart, Inc., 2001 WL 540213 (N.D. Tex. May 17, 2001). |