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Gray Plant Mooty


Unsigned contract does not create binding commitment to distributor

USA - July 12 2012 The United States District Court for the Southern District of New York recently dismissed breach of contract and related claims brought against a manufacturersupplier in connection with its termination of a long-time distributor because the parties had not signed a formal written distribution contract

Internet banking - is your bank protected against liability for unauthorized ACH transfers?

USA - July 12 2012 In its recent decision in Patco Construction Company v. People’s United Bank, the U.S. Court of Appeals for the First Circuit raised the stakes for those banks offering internet-based ACH fund transfer services

Florida federal court dismisses trademark claims due to plaintiff’s incorrect citations

USA - August 10 2012 In Phelan Holdings, Inc. v. Wendy’s International, Inc., 2012 U.S. Dist. LEXIS 101643 (M.D. Fla. July 3, 2012), the United States District Court for the Middle District of Florida dismissed three trademark-related claims because the plaintiff failed to cite properly to statutory causes of action

Do you know where your cross-collateral clause is?

USA - April 19 2012 In the recent decision in In Re Duckworth (March 22, 2012), the Chief Bankruptcy Judge for the Central District of Illinois issued a decision that may have far reaching effects on some lenders using automated loan documentation software1

Court upholds narrow definition of “consumer” under Illinois Consumer Fraud and Deceptive Business Practices Act

USA - February 13 2013 Chicago Male Medical Clinic (CMMC) brought suit against Ultimate Management, Inc. (UMI), a company that licenses and oversees a national affiliation

Franchising in the United States

Global, USA - November 24 2017 A structured guide to franchising laws and practice in the United States

Noncompete Extended To Cover Familial Nonsignatories

USA - November 7 2017 In another case litigated by Gray Plant Mooty, the Chief Judge for the United States District Court for the District of Nebraska granted a preliminary

Franchisor’s Motion To Dismiss Class Action Claim Granted

USA - November 7 2017 A federal district court in California dismissed a class action suit initiated against Fitness Evolution Franchising LLC ("FEF"), the franchisor and

Michigan Court Dismisses Earnings Claims With Prejudice

USA - November 7 2017 A federal court in Michigan recently dismissed fraud claims brought against a provider of cryotherapy chambers for failure to state a cause of action

Court Grants Franchisor’s Motion For Summary Judgment On Vicarious Liability Claims Brought By Franchisee’s Customer

USA - November 7 2017 The United States District Court for the Northern District of Alabama has granted summary judgment in favor of franchisor Wintzell's Franchise Company