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Franchise Law
 
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)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-26-2017 - CA)

Jefferson County, Texas v. Victor Stines Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (... More...
   $0 (06-23-2017 - TX)

Whataburger, Inc., ET AL. v. Whataburger of Alice, LTD.

The underlying dispute arises out of a 1993 settlement agreement between Appellee Whataburger of Alice, Ltd. (“WOA”), and Appellants Whataburger, Inc.; CA Development LLC; CA Real Estate LLC; Cinco Aguilas LLC; Tres Aguilas Enterprises LLC; Tres Aguilas Management LLC; Whataburger International LLC; Whataburger Real Estate LLC; Whataburger Restaurants LLC; Whataburger Ventures, LLC; Whataburger Su... More...   $0 (06-23-2017 - )

Ryan DeKeyser, et al. v. ThyssenKrupp Waupaca, Inc

Before us is an appeal by the defendant
(Waupaca for short) in a class action suit brought
against it in a federal district court in Wisconsin on behalf of
a number of the workers that it employs in six foundries that
manufacture ductile and gray cast iron parts for use in the
automotive and other industries. Four of the six foundries
are located in Wisconsin, and the remai... More...
   $0 (06-22-2017 - WI)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-19-2017 - CA)

Casiopea Bovet, LLC. v. John Chaing, as State Contoller, etc.

Casiopea Bovet, LLC (Casiopea) appeals a judgment on the pleadings granted in
favor of the California State Controller (Controller) on the basis Casiopea could not claim
escheated property under the Unclaimed Property Law (Code of Civ. Proc., § 1500 et
seq.)1 as an assignee of Financial Title Company (Financial Title) because Financial Title
was a suspended corporation (Rev. & Tax.... More...
   $0 (06-12-2017 - CA)

Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t... More...
   $0 (06-07-2017 - CO)

Arsenio Cordova v. Jill Cline, et al.

This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens’ association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, §§ 22-7-1... More...
   $0 (05-26-2017 - NM)

Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec... More...
   $0 (05-23-2017 - TX)

United States of America v. David Staral Federal Courthouse - Chicago, Illinois

Chicago, IL - Former Owner of Chicago Rush Football Team Sentenced to More Than Three Years in Federal Prison for Concealing Debts in Bankruptcy Petition

The former owner of the Chicago Rush football franchise was sentenced today to more than three years in federal prison for concealing debts in his personal bankruptcy case and overstating his net worth when acquiring the football team.More...
   $0 (05-16-2017 - IL)

State of Ohio v. Benjamin Holliday Ohio Sixth District Court of Appeals

The indictment arose out of a robbery at a Subway franchise located at the
Glenbryne Shopping Center in Toledo, Ohio, on November 15, 2014. Appellant was
identified as the perpetrator by the employees and through a surveillance video.
{¶ 3} In his first assignment of error, appellant argues that his conviction of
robbery is contrary to the manifest weight of the evidence and ... More...
   $0 (05-13-2017 - OH)

Prescription Health Network, LLC, and William M. Blackshear Jr., M.D. v. Toby R. Adams, Lisa B. Adams, and Adams Marketing Consulting, Inc. Denton County Texas Courthouse

Appellants Prescription Health Network, LLC (PHN) and William M.
Blackshear Jr., M.D. (collectively, the PHN Defendants) appeal from the trial
court’s judgment confirming an arbitration award in favor of Appellees Toby R.
1See Tex. R. App. P. 47.4.
2
Adams, Lisa B. Adams, and Adams Marketing Consulting, Inc. (AMC)
(collectively, the Adams Plaintiffs). We affirm.
I. Fact... More...
   $0 (04-20-2017 - TX)

Deborah Shaw v. The Superior Court of Los Angeles County

This case presents two issues: (1) Is a trial court ruling denying a request
for a jury trial in a civil action subject to review prior to trial by a petition for an
extraordinary writ or may such a ruling be reviewed only by appeal after trial?
and (2) Is there a right to a jury trial in a health care facility whistleblower action
for retaliatory termination brought pursuant to He... More...
   $0 (04-13-2017 - )

Nick Dow Boatman v. Jennifer Erin Boatman

¶1 The dispositive question presented is whether the Appellant, a joint custodian but not the primary physical custodian of the parties' minor child, can invoke the statutory relocation provisions. We hold that she cannot. We remand the cause for the trial court to hold a hearing within 30 days of the date that this opinion is filed to determine the primary physical custodian of the parties' minor... More...   $0 (04-04-2017 - OK)

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