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Posts from September 2017.
By Dawn Johnson on September 11, 2017 at 11:12 AM

"Unfair" with the "un" crossed out and "fair" underlined showing unfair is now fairA recent federal appeals court decision overturning a $6.5 million jury verdict for a franchisee on a state franchise law discrimination claim demonstrates once again the difficulty that franchisees face in such challenges, even when the court finds that the franchisor treated some franchisees differently than others in some instances and could not explain why.

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By Dawn Johnson, Dominique de Vastey on September 8, 2017 at 9:40 AM

Magnifying glass showing the word "contract" on a piece of paperDespite arguably conflicting terms in a franchise agreement, a franchisor could enforce a non-compete provision whenever the agreement ended, whether by termination or expiration. An arbitrator reached that conclusion by harmonizing two provisions in the franchise agreement that referenced a non-compete obligation — one that referenced termination and one that referenced both termination and expiration. This was a reasonable interpretation of the contract, according to the Maryland federal district court that found no basis to upset the arbitration award.

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