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Court Watch

By Bryan Huntington and R. Henry Pfutzenreuter
May 01, 2016

Third Circuit Affirms Denial of Injunctive Relief to Franchisor, Concluding Concessions of Counsel Disproved Irreparable Harm

In Executive Home Care Franchising LLC v. Marshall Health Corp., No. 15-1887, 2016 WL 703801 (3rd Cir. Feb. 23, 2016), the Third Circuit considered the district court's denial of injunctive relief requested by the franchisor, Executive Home Care Franchising LLC (Executive Care). Executive Care is a home health care franchisor. The franchisees entered into a franchise agreement with Executive Care in February 2013. In January 2015, the franchisees abandoned the franchise. The franchisor brought suit, alleging that the franchisees were operating a 'new, identically-structured, directly-competitive home care business.'

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