Franchisee Association Suing Edible Arrangements

The lawsuit filed by the EA Independent Franchisee Association contends that Edible Arrangements, which makes “floral” fruit arrangements, has altered its business arrangement with its franchisees over the last several years, said Justin Klein, a New Jersey-based lawyer representing the group. As a result, the franchisees claim they have seen expenses increase because of new mandates implemented by Edible Arrangements

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A Timbit of Trouble

570 News in Toronto reports that Tim Horton’s franchise owners have launched a near $2-billion lawsuit claiming lost profits since the iconic Canadian company switched from fresh-baked to frozen donuts. The $1.95-billion suit is scheduled to go to court in November and it has even divided franchisees, as a large group of store owners is trying to stop a smaller group from following through on the lawsuit.

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Snow Removal Required

Denise Lavoie of THE ASSOCIATED PRESS reports in the Worcester Telegram that property owners may be held liable for snow-related injuries whether the accumulations are caused by Mother Nature or by snowplows, the state’s highest court ruled yesterday in a far-reaching decision that lawyers said could result in a wave of personal injury lawsuits.

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Krispy Kreme Wins Trademark Claims Against Franchisee

Mark Hamblett reports in the New York Law Journal and published at Law.com that the franchisor Krispy Kreme Doughnut Corp. has won an injunction blocking a delinquent franchisee from operating in New York’s Pennsylvania Station and another location. A federal judge granted the preliminary injunction to the doughnut maker on the grounds that franchisee Satellite Donuts was behind on its obligations under its agreements with Krispy Kreme and is in violation of the Lanham Act.

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Franchisor Retaliation: A thing of the past?

The American Heritage Dictionary defines retaliate as, “To return like for like, especially evil for evil.” In life we are taught that one good turn deserves another. In franchising, many believe there is evil lurking when a franchisor decides it does not agree with the words or actions of one of its franchisees. This is especially so when the actions of the franchisor are based on that franchisee’s membership in or leadership of a franchisee association.

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Judge Grants Fraud Trial Against Dunkin’, Kainos

Janet Sparks writes at Blue MauMau that after Patrick LaFontaine, professional hockey player and inductee in the Hockey Hall of Fame, filed a lawsuit against Dunkin’ Brands and the principals of its bankrupted franchisee Kainos Partners Holding Company, a Nassau judge ruled last week that fraud claims can now move forward against the defendants.

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Judge Allows Fraud Claim Against Dunkin’ Brands and Others

Joseph Mallia of Newsday reports that a Nassau Supreme Court fraud claim against Dunkin’ Donuts’ parent company, brought by an investment company partly owned by former Islander and Hockey Hall of Famer Pat LaFontaine, will proceed after a judge’s ruling this week. DDIFO Members Read more…

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Employment Law Updates

This Employment Law Update was furnished by Masterman, Culbert & Tully LLP, One Lewis Wharf, Boston 02110, (617) 722-8100, www.mctlaw.com and addresses a range of issues from statutory amendments to recent cases to help keep you informed of relevant changes in the employment law field and to assist you in managing your workforce. DDIFO Members read more….

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