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Franchise Law
 
Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

In Re: Jimmy John's Overtime Litigation Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs‐appellants brought this
collective and class action lawsuit against Jimmy John’s1 on
behalf of all assistant store managers nationwide for violations
of the Fair Labor Standards Act (“FLSA”). Although the
vast majority of plaintiffs work in stores owned by franchisees,
2 they claim that Jimmy John’s is their joint employer.
1 The Jimmy John’s corporate defe... More...
   $0 (12-14-2017 - IL)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

Oregon State University v. The Superior Court of San Diego County, George R. Sutherland, Real Party in Interest

Oregon State University (Oregon State) petitions for a peremptory writ of mandate
directing the superior court to vacate an order overruling Oregon State's demurrer to
George A. Sutherland's first amended complaint (complaint) and to enter a new order
sustaining the demurrer without leave to amend. Oregon State contends the challenged
order violates the federal Constitution's full ... More...
   $0 (11-11-2017 - CA)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Courtney Cates v. Crystal Clear Technologies, LLC, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The three named plaintiffs brought a purported class action alleging
that the developers of their neighborhoods created agreements that violated both state and federal
law by requiring the neighborhoods’ homeowners to pay for basic telecommunications services
provided by Crystal Clear Technologies, LLC (“Crystal Clear”), an entity owned and controlled
by the developers. The distric... More...
   $0 (11-06-2017 - TN)

Robert Stein and Robert Beck v. HHGTREGG, Inc. and Gregg Appliances, Inc. d/b/a hhgregg Circuit Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Defendants hhgregg, Inc. and Gregg
Appliances, Inc. have a uniform compensation policy whereby their retail and sales employees,
who are paid solely on the basis of commission, are advanced a “draw” to meet the minimumwage
requirements whenever their commissions fall below minimum wage. The amount of the
draw is then deducted from future earnings in weeks when the employees’ commis... More...
   $0 (10-15-2017 - OH)

Wiseman Park, LLC v. Southern Glazer's Wine and Spirits, LLC

Wiseman Park, LLC (appellant) appeals from the judgment entered
following the trial court sustaining the demurrer of Southern Glazer’s Wine
and Spirits, LLC (respondent)1 to appellant’s complaint without leave to
amend. Appellant, the holder of a license to sell alcoholic beverages in its
restaurant, purchased alcoholic beverages from respondent, a licensed
wholesale distributo... More...
   $0 (10-15-2017 - CA)

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas

On June 29, 2015, the Board of Trustees of Kilgore Independent School District (KISD) voted to repeal KISD’s local option homestead exemption (LOHE). That repeal came just fourteen days after Governor Greg Abbott signed Senate Bill No. 1 (SB1), which (A) was to become effective on the later passage of an enabling constitutional amendment by the voters, (B) increased a statewide homestead exemption... More...   $0 (10-12-2017 - TX)

Jet Suite, Inc. v. County of Los Angeles

Due process prohibits a state from imposing a tax on the
full value of personal property if other states also have the right
to tax that property, and whether those states have that right
turns on whether that property has “situs” in those other states.
(Central R. Co. v. Pennsylvania (1962) 370 U.S. 607, 611-614
(Central); Flying Tiger Line, Inc. v. County of Los Angeles (1958... More...
   $0 (10-11-2017 - CA)

Darnice Linton v. DeSoto Cab Company, Inc.

Plaintiff Darnice Linton appeals from a judgment in favor of defendant DeSoto
Cab Company. Defendant initiated the trial court proceeding after the Labor
Commissioner found in favor of plaintiff on his claim for unpaid wages. Plaintiff had
alleged defendant violated certain wage and hour laws by requiring him to pay a set fee
(known as a “gate fee”) in exchange for obtaining a taxi... More...
   $0 (10-06-2017 - CA)

Givani Depianti v. Jan-Pro Franchising, Inc. Federal Courthouse - Boston, Massachusetts

Generation after generation of
parents have passed along a basic adage to their children: if at
first you don't succeed, try, try again. Such advice encouraging
perseverance can serve one well throughout a myriad of life
experiences. But while steadfast determination may, in the
abstract, be worthy of aspiration, the legal field has--as is often
the case--made an exception ... More...
   $0 (10-03-2017 - MA)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For over 22 years, Plaintiff Gilbert Hyatt has contested
in administrative proceedings a California Franchise Tax
Board ruling that he owed close to $7.4 million in taxes,
penalties, and interest. This initial deficiency, compounding
daily with 3% interest, grew to over $55 million at the time
he filed his complaint in this case. The taxes were assessed
on income he earned ... More...
   $0 (09-29-2017 - )

San Bruno Committee For Economic Justice v. City of San Bruno, San Bruno Hotels, LLC

Plaintiffs San Bruno Committee for Economic Justice, Unite Here Local 2, Mary
Dowden, Leif Paulsen, Sheral Marshall, Beatriz Johnston, Kathleen Semenza, Lilibeth
Bonifacio, and Molly Gomez appeal from the order and judgment of the trial court
denying their petition for peremptory writ of mandate. Plaintiffs had unsuccessfully
sought to place a referendum on the ballot concerning a ... More...
   $0 (09-20-2017 - CA)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute
Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the
merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his
claim against the Tribe in Utah state court. The Tribe responded by filing suit in the
United States District Court for the District of Uta... More...
   $0 (08-25-2017 - UT)

City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members’ interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
2
inspections, and unlawful taxes impo... More...
   $0 (08-10-2017 - TX)

Beachcomber Management Crystal Cove, LLC v. The Superior Court of Orange County, Douglas L. Salisbury, as Trustee, Real Party in Interest

Defendants Beachcomber Management Crystal Cove, LLC (Management)
and Douglas Cavanaugh (collectively, Defendants) challenge the trial court’s order
disqualifying the law firm of Kohut & Kohut LLP (Kohut) from continuing to represent
Defendants in the underlying matter. Plaintiffs Douglas L. Salisbury, as trustee of the
DLS Living Trust, Philip de Carion, and Gina de Carion (collect... More...
   $0 (07-30-2017 - CA)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

Marianne Irvin v. Contra Costa County Employees'Retirement Association

Plaintiff Marianne Irvin and her late husband, Richard Irvin (respectively,
Marianne and Richard), obtained a judgment of legal separation a few months before his
death. Notwithstanding the separation, the couple‘s agreement dividing their assets
reflected Richard‘s intent that Marianne would receive the pension benefits available to a
surviving spouse after his death. Defendant Co... More...
   $0 (07-16-2017 - CA)

Ashok B. Patel, Ramesh Patel, Naresh Patel, and Manilal B. Patel v. Roger Pate and Pate Development, Inc. Tarrant County Courthouse - Fort Worth, Texas

The resolution of this interlocutory appeal from the denial of special
appearances turns on an application of the burden-shifting standards described
in Kelly v. General Interior Construction, Inc., 301 S.W.3d 653, 658–59 (Tex.
1See Tex. R. App. P. 47.4.
2
2010). Because the appellees in this case brought forward legally and factually
sufficient evidence in support of their... More...
   $0 (07-10-2017 - TX)

United States of America v. Cindi Allison Federal Courthouse - Tacoma, Washington

Tacoma, WA - Former Bookkeeper for South Sound Real Estate Franchises Convicted of Embezzling more than $400,000

Defendant Transferred Money from Company Accounts to those of Friends, Relatives or for her Personal Expenses

The 48-year-old former bookkeeper for two Windermere Real Estate franchises was convicted on June 30, 2017 in U.S. District Court in Tacoma of six counts of wi... More...
   $0 (06-30-2017 - WA)

United States of America v. Rebecca Frith Federal Courthouse - Birmingham, Alabama

Birmingham, AL - Former Controller Sentenced to 18 Months in Prison for Defrauding Fitness Company and Retail Store

A federal judge sentenced the former controller for a Birmingham-based fitness center franchise and a subsequent retail store to 1½ years in prison for defrauding the companies out of more than $100,000.

U.S. District Court Judge Virginia Emerson Hopkins sentenced R... More...
   $0 (06-27-2017 - AL)

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