Domino effect? Circuits topple tying-claim cases; two appellate courts have ruled against franchisees and suppliers that brought antitrust tying claims against franchisors
Article Abstract:
Court rulings of the 1990s explore the tying doctrine in the context of franchising, and federal courts in Queen City Pizza, Inc. v. Domino's Pizza, Inc. and Collins v. International Dairy Queen, Inc. rejected tying claims against franchise companies in private suits filed by franchisees and suppliers trying to sell to them. One case dealt with whether contract or antitrust law should apply when franchisees claimed they were locked into an aftermarket for supplies the franchisor required them to buy. The oither dealt with whether a vendor removed from a franchisor's list of approved suppliers could claim antitrust injury.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Circuits split over means-based awarding of costs; appellate panel holds wealth of parties isn't a factor in assigning fees to a losing Title VII plaintiff
Article Abstract:
Circuit courts are split over whether court costs awarded in Civil Rights Act Title VII cases can be adjusted based on the litigants' relative financial means. The 3d Circuit held in Smith v Southeastern Pennsylvania Transportation Authority that district courts do not have the discretion to tax costs in favor of the wealthier party, but the 9th Circuit found otherwise in National Organization for Women v Bank of California. Denial of means-based awards may encourage would-be litigants not to file legitimate suits, particularly those based on novel legal issues.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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WTO opens disputes to private voices; in the 'Shrimp-Turtle' decision, the Appellate Body for the first time accepted amicus briefs from nonstate parties
Article Abstract:
United States - Import Prohibition of Certain Shrimp and Shrimp Products suggests that the World Trade Organization (WTO), the body that heard this case, may give nongovernmental organizations and commercial interest groups more of a say in WTO proceedings. The decision also suggests how the WTO may deal with future efforts to protect the environment and promote sustainable development throughout the world. Giving the WTO a greater say in dispute settlement may be more in line with the global economy of the 21st century.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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- Abstracts: GM verdict could affect future cases. In the new Restatement on Torts, the reporters distinguished manufacturing defects from design and warning defects
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