In Lomeli v. Jackson Hewitt, Inc., the United States District Court in the Central District of California held that the plaintiff, Luis Lomeli (“Lomeli”), had submitted enough evidence to
Continue Reading The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
vicarious liability
Federal Court Concludes Franchisor Was NOT Joint Employer
Another case has been decided adding to the back and forth in the legal world on the issues of a joint employer relationship of a franchisor and its franchisee and…
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Janitorial services franchisor cleans up on joint employer claim
Janitorial services franchisor Jan-Pro Franchising International, Inc. (“Jan-Pro”) is not the employer of its unit franchisees, according to a recent California federal court decision. Roman v. Jan-Pro Franchising Int’l, Inc.…
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Considerations When Evaluating Errors and Omissions Coverage (Part 4/4)
This final post in our four part series covering insurance issues, which arose out of the ABA webinar “Practical Insurance Guidance for Franchisors,” turns from focusing on franchisee coverage issues…
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Joint employer claims move forward against hotel franchisor in sexual servitude suit
Browning-Ferris based claims against hotel franchisor Marriott International Incorporated (“Marriott”) will move forward, according to an Illinois federal court. The suit seeks to hold Marriott liable as a joint employer…
Continue Reading Joint employer claims move forward against hotel franchisor in sexual servitude suit
Long Arm of Browning-Ferris? Hotel franchisor named as “joint employer” in alleged sexual servitude suit
A hotel assistant manager who allegedly coerced housekeepers into sexual “servitude” is now defending himself in federal court, along with his employer TMI Hospitality Incorporated (“TMI”). But they’re not alone: …
Continue Reading Long Arm of Browning-Ferris? Hotel franchisor named as “joint employer” in alleged sexual servitude suit
Rhode Island: Long arm of state courts may reach many out-of-state franchisors
Franchisors can be made to litigate in their franchisee’s state courts due to commonplace features of the franchisor/franchisee relationship, according to a recent Rhode Island court decision.
In Korsak v. …
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Should You Be Worried About Texting and Driving?
Okay. You’ve read the hyperbolic hyperbole. Text someone while they’re driving and, if they have an accident, you’re liable. Right? At least that’s what the headlines said about this week’s…
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Vicarious Liability: How Much Control Is Too Much?
Contributed by Tom Kent
It’s a constant push/pull in the franchise relationship; how much control is too much? Last week, the California Court of Appeal found that Domino’s Pizza, LLC, the…
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Vicarious Liability Legal Updates
Contributed by Elizabeth Sigety
Continuing the often discussed theme of the vicarious liability of a franchisor for a franchisee’s actions, two recent courts have refused to dismiss claims which could…