Appealed Quebec Judgment Against Dunkin’ Still Awaiting Next Steps

Speaking of legal actions and by way of update, Dunkin’ Brands Canada LTD’s appeal of a $16.4 Million damage award in the Canadian  province of Quebec is still pending.  The case involved a suit brought by 21 Dunkin franchisees in Quebec who successfully argued that Dunkin’ was liable for the franchisees’ losses and had breached…

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Avon Hardware, et al v. Ace Hardware

The case of Avon Hardware, et al v. Ace Hardware is an Illinois lawsuit that has been appealed to the Illinois Supreme court. The case stems from a disclaimer in the Ace Hardware Franchise Agreement that states that the franchisee couldn’t rely on anything outside the franchise agreement. In considering the purchase of a franchise,…

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Section 4205 of the Affordable Care Act: New Menu Labeling Requirements

When it was signed into law on March 23, 2010, the Affordable Care Act (ACA), commonly referred to as Obamacare, mandated that “restaurants and similar retail food establishments with 20 or more locations list calorie content information for standard menu items on restaurant menus and menu boards, including drive-through menu boards. Other nutrient information—total calories,…

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New York City large-soda ban blocked by judge

(Reuters) – New York City’s ban on large sugary drinks from restaurants, movie theaters and other establishments was invalidated on Monday by a state judge as “arbitrary and capricious,” a day before it was to take effect. The 11-hour decision was a blow to New York City Mayor Michael Bloomberg, whose top lawyer quickly vowed…

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First Circuit Affirms Win for Starbucks Baristas over Tip-sharing

Starbucks Corp. owes baristas in Massachusetts $14.1 million for a policy that gave shift supervisors a share of the tips, the U.S. Court of Appeals for the First Circuit has ruled. On November 9, a unanimous panel affirmed a March 2011 class certification ruling and a January 2012 final judgment and damages ruling by Judge…

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Fantastic Sams Franchisee Association Prohibited from Using Collective Arbitration

Fantastic Sams is the franchisor of a chain of hair salons. Fantastic Sams licenses rights to its name to regional owners who, in turn, license salon owners to operate the actual salons. In this case, Fantastic Sams brought action against a nonprofit association of regional franchise owners, seeking to stay collective arbitration for declaratory relief against franchisor’s alleged breaches of contract and violations of the Massachusetts Consumer Protection Act. The regional franchise owners’ association formed in order to promote the interests of Fantastic Sams Regional Owners, and its membership consists solely of those regional owners.

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Tim Horton’s Ruling may be a Cautionary Tale for Dunkin’ Donuts Franchise Owners

A Canadian court ruling involving Tim Horton’s may be cautionary tale for Dunkin’ Donuts franchisees. The case was brought by a group of Tim Horton’s franchise owners after they were forced to sell items at below cost and switch to more expensive pre-baked donuts from a supplier affiliated with the franchisor. Franchise attorney Eric H. Karp of the Boston firm Witmer, Karp, Warner & Ryan, LLP, closely followed this case and kept DDIFO apprised of its developments. After the decision was announced, DDIFO commissioned him to write a comprehensive summary of this ruling.

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