Volume 15 - Number 4 | January 2009
| New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions By William R. Wood II The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts — including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts. |
| Attorneys’ Fees Awards: No License to Pickpocket By Rupert M. Barkoff It is generally thought that a contract provision awarding attorneys’ fees to a prevailing party will be enforced. The most recent saga in the Domino’s system’s equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award. |
| Auto Dealer Can Bring ‘Bad Faith’ By Douglas M. Mansfield and J. Todd Kennard An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute’s specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable." |
| Court Watch By Charles G. Miller and C. Griffith Towle Forum-Selection Clauses Enforced |
| News Briefs The latest news from the franchising world. |
| Movers & Shakers Who's doing what; who's moving where. |
| January Issue in PDF Format … |
