We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-6 of 6

The aftermath of Awuah: are courts encroaching on a franchisor's traditional protections from a franchisee's employment decisions?

  • Jones Day
  • -
  • USA
  • -
  • May 23 2012

There is growing concern over whether courts will deem franchisees "employees" or "joint employers," as opposed to contractors or wholly separate enterprises, as further decisions are handed down in the wake of the highly publicized Awuah case and courts grapple with today's complex franchisor-franchisee relationships

Appellate court rules that "evolving and continuous" breaches of "franchise agreement" allow termination even though manufacturer had prior knowledge of problems

  • Jones Day
  • -
  • USA
  • -
  • January 30 2012

The Supreme Court of Alabama recently ruled that a manufacturer was not precluded from terminating a "franchise" agreement under a state dealer statute even though the manufacturer had knowledge of the problems at issue more than 180 days before the proposed termination (the length of time specified in the statute

Federal court tosses automobile dealer's day in court act claim

  • Jones Day
  • -
  • USA
  • -
  • May 11 2011

The United States District Court for the Central District of California recently granted summary judgment on the plaintiffs' Automobile Dealer's Day in Court Act ("ADDCA") claim related to an alleged constructive termination of a Hyundai dealership

Appellate court allows terminations notwithstanding alleged technical deficiencies in notice to dealer

  • Jones Day
  • -
  • USA
  • -
  • October 29 2010

An appellate court in Texas recently held that Ford Motor Company could terminate its "franchise agreements" with two Ford dealerships, notwithstanding the dealers' arguments on appeal that centered on the fact that Ford's statutorily required notice of termination to the dealerships was based on an outdated version of the applicable statute

Automotive alert: district court enjoins dealer from using Harley-Davidson trademarks

  • Jones Day
  • -
  • USA
  • -
  • May 19 2010

A federal court recently preliminarily enjoined a dealer from using Harley-Davidson trademarks after the parties previously signed a settlement agreement providing that the dealer agreement ("Dealer Contract") would terminate on December 31, 2009

Massachusetts district court finds janitorial franchisees are employees, not independent contractors

  • Jones Day
  • -
  • USA
  • -
  • May 19 2010

On March 23, 2010, the United States District Court for the District of Massachusetts held in Awuah v. Coverall North America, Inc. that a group of janitorial franchisees were misclassified as independent contractors