Kodak applied to franchise cases: has Chicken Delight made a Phoenix-like re-appearance a generation later?

Article Abstract:

Two 1996 cases involving tying agreements alleged by franchisees threaten to resuscitate the US Court of Appeals for the Ninth Circuit's decision in Siegel v. Chicken Delight, which found that franchise trademarks could give rise to the market power required in tying claims. In Wilson v. Mobil Oil Corp., the court refused to grant a motion to dismiss finding that franchisees could have been locked-in and unable to seek out suppliers other than the one dictated by the franchisor. In Collins v. International Dairy Queen, the court found that tying could occur in the franchise context.

Laws, regulations and rules, Tying agreements, Tying arrangements

---

Goodyear Tire & Rubber Co. v. Tualatin Tire and Auto, Inc.: the right to jury trial in civil actions under the Oregon Franchise Act

Article Abstract:

The Oregon Supreme Court, in the 1995 Tualatin Tire case, ruled that a franchisee possesses a right to a jury trial in Oregon Franchise Act (OFA) litigation. The Court analyzed similar state securities laws and case rulings, in conjunction with the OFA's legislative history, in concluding the Oregon Legislature had intended to authorize such a right. While the Court acknowledged the OFA is unclear in specifying the equitable or legal nature of its remedies, the OFA's remedy provisions are similar to those in the securities laws authorizing a jury trial right.

Tires and inner tubes, Tire Manufacturing (except Retreading), Tires NEC, Oregon, Right to trial by jury, Tires, Tire industry, GT, Goodyear Tire & Rubber Co.

---

Earnings information a basis for claims

Article Abstract:

The Seventh Circuit approved a lower court's decision in Hardee's of Maumelle v. Hardee's Food Systems, Inc that erroneous earnings projections given by the franchisor to the franchisee during the franchising process did not constitute a violation of disclosure laws. A separate court held that under Illinois law, such earnings projections could constitute fraudulent misrepresentation.

states

Similar abstracts:

• Abstracts: Franchise bills would have broad impact. Franchise law; dealer terminations. Franchise law; disclosure proposals
• Abstracts: Congressional coverage - the time has come. Recent developments and the likely effect of changes at the National Labor Relations Board
• Abstracts: A debtor's right to tithe in bankruptcy under the Religious Freedom Restoration Act. Federalism, states, and the power to regulate municipal bankruptcies: who may be a debtor under Section 109(c)?
• Abstracts: Balancing the use of public and private financing for long-term care. The psychology of money
• Abstracts: States need a simple guarantee of rights. N.R.A. should not rejoice: Brady Act lives on. In DWI cases, Texas disregards constitution

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.