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Court Watch
Concealing Rebates from Franchisee No Violation, But Minnesota Court Rules Earnings Claims Might Be Fraudulent
The U.S. District Court for the District of Minnesota has ruled that a tire and oil-change franchisor's failure to disclose rebates that it received from suppliers did not violate the Illinois Franchise Disclosure Act (IFDA) or constitute fraud by omission, but it may have committed fraud under the IFDA and common law by making sales projections that were false and not included in the UFOC as earnings claims. In a separate opinion, the court permitted the franchisee to amend the counterclaim to request punitive damages. Team Tires Plus, Ltd. v. Mark Heartlein, et al., __ F.Supp.2d __, CCH Bus. Fran. Guide Par. 12,820 and __ F.Supp.2d __, CCH Bus. Fran. Guide Par. 12,821 (D.Minn. 2004).
Tires Plus brought suit in Minnesota, its home state, against Heartlein, a franchisee based in Illinois with stores in both Illinois and Iowa. The suit alleged breach of contract for failure to pay fees. Heartlein then raised several counterclaims, against which Tires Plus moved for summary judgment. The parties agreed that Illinois law governed the counterclaims under the IFDA, but Minnesota law governed the other counterclaims. The court granted summary judgment for Tires Plus on the counterclaim involving non-disclosure of supplier rebates, but it denied summary judgment on the others, and it granted Heartlein leave to amend fraud counterclaims to request punitive damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.