Often, franchisors assume there is a 'one size fits all' termination notice and that their notice will, in fact, terminate the relationship. All too often, however, a poorly drafted or ill-conceived termination notice provides ammunition for a wrongful termination claim, justification for the unenforceability of post-termination provisions, or even rescission of the franchise agreement.
In a battle of fast food restaurants, a local Florida Burger King franchisee sued McDonald's for false advertising, only to have the Eleventh Circuit Court of Appeals rule that the franchisee could not show that it had standing to bring its claim, despite the fact that the franchisee directly competed against McDonald's restaurants. The ruling highlights a split in the circuit courts that may have to be resolved by the Supreme Court, as the ruling differs from the law of other circuits that generally have allowed 'direct competitors' of the advertiser to sue for false advertising as long as they allege they have been injured by the ad.
A question often faced by counsel in a class action is whether to contact absent class members. Pre-certification communications, for example, can be valuable to develop a more complete evidentiary record on the issue of whether a class should be certified in the first place. Courts have not always agreed whether therules of professional conduct permit these communications. American Bar Association Formal Opinion 07-445, issued in April 2007, supports the view that the rules of professional conduct permit these valuable communications before a class is certified.
While it is too early to determine the long-term impact of the Sixth Circuits ruling in Johnson v. Manitowoc Boom Trucks, Inc., it does suggest that courts are increasingly willing to assert their gatekeeping role when considering the growing number of experts who are willing to testify regarding a broad range of unrelated products.
Recent attempts to ban the use of non-wood baseball bats, based on the perception that they may have changed the game and increased the potential for injury, have gained more steam and publicity. Proponents of a ban appear to be more prone to raise the issue in legislative forums where strict product liability standards are not necessarily controlling.
Highlights of the latest commercial leasing cases from around the country.
Part One of this series discussed the origin of the authority to make property use regulations and an increasing trend by municipalities to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure and regulation of vacant properties. This second installment discusses the manner in which the Chicago Municipal Code functions.
News about lawyers and law firms in the product liability field.
Highlights of the latest product liability cases from around the country.
In the rare exercise of a mechanism that the federal courts may use to consult state courts about purely state questions of law, the Third U.S. Circuit Court of Appeals has asked the Pennsylvania Supreme Court to address the permissible scope of bystander recovery under Pennsylvania's product liability law for a little girl whose left foot was mangled by a lawn mower driven by her grandfather.
