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Mitchell J. Kassoff Articles

Guest post by: Mitchell J. Kassoff

Should a Franchise Holder Be Allowed to Continue Operating While a Termination Suit Is Pending? - Click To Read Article
Should a court issue an injunction ordering a franchisor to allow a franchisee to continue to operate his franchise pending conclusion of trial on charges that a franchise was improperly terminated? The position taken here is that in many cases such relief should be granted.

The legal and business aspects of franchising - Click To Read Article
Franchising is a huge and growing part of the nation's economy. More than 300,000 franchised small businesses operating in the United States account for an estimated $1 trillion worth of income each year and provide jobs for some eight million Americans.

Rendering Consequential and Incidental Damage Limitations - Click To Read Article
This article examines the situation in which a non-consumer purchases a product from a manufacturer who has explicitly stated that no consequential and incidental damages will be paid if there is any defect or other problem with its product. The article posits that the purchaser has or is considering suing the manufacturer for his damages.

Implications of the Federal Antitrust Laws On Franchising - Click To Read Article
This article explains how a franchisee who files a federal court action alleging violations of federal antitrust laws should respond to a franchisor’s motion for summary judgment.

Opposing a Franchisor’s Motion for a Preliminary Injunction Against a Franchisee - Click To Read Article
When a franchisee opposes a franchisor’s motion for a preliminary injunction, the court should be made aware of the unique situation of this contractual relationship concerning the franchise agreement.

Defeating a Motion to Dismiss a Franchise Case in Federal Court - Click To Read Article
A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion.

Complex of Federal and State Laws Regulates Franchise Operations As Their Popularity Grows - Click To Read Article
Franchising is a huge and growing part of the nation’s economy. More than 300,000 franchised small businesses operating in the United States account for an estimated $1 trillion worth of income each year and provide jobs for some eight million Americans. 1

Can a Choice of Forum Clause Force a Franchisee to Litigate In the Franchisor’s Home State? - Click To Read Article
A franchisee who has a grievance against his franchisor is not likely to want to pursue litigation in a distant forum, and thus may turn to a state court in his home state. The franchisor typically removes the case to federal court, 1 and then, invoking the forum selection clause in the typical franchise agreement, seeks to transfer the case to the federal court in the franchisor’s home state.

A Legal Analysis of a Preferred Method of Retail Sales - Click To Read Article
There are several methods of conducting a business in the area of retail sales. They include private ownership of one or more stores, a “chain store” system, public stock ownership of companies to provide capital for expansion and franchising. This article explores the legal aspects and benefits of conducting a business through the use of franchising.

Is the Use of a Language Other Than English Required in Franchise Agreements? - Click To Read Article
Franchising is regulated by the Federal Trade Commission pursuant to its rule (“FTC Rule”). 1 The state of New Jersey regulates franchising through the New Jersey Franchise Practices Act. 2 Some states have enacted statutes concerning franchising. 3 Some states have enacted regulations concerning franchising. 4 Some states have enacted special industry laws concerning franchising. 5

Violation of the California and Illinois Franchise Laws by a Franchisor - Click To Read Article
This article explains how a franchisee who files a federal court action alleging violations of California and Illinois franchise laws should respond to a franchisor’s motion for summary judgment.





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