Annual Franchise and Distribution Law Developments, 2005 Edition

Front Cover
American Bar Association, 2005 - Law - 343 pages
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Compiled into an easy-to-use reference, this book includes extensively researched case law from August 2004 to August 2005, and will cut timely research by putting the latest review and analysis on franchise and distribution law at the user's fingertips.
 

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Contents

III Franchise Fee
5
IV Trademark
6
V Marketing Plan or System Prescribed or Suggested by the Franchisor
7
VI Community of Interest
8
VII Scope and Territorial Reach of Franchise and Related Laws
10
VIII Constitutional Issues
11
B FTC Enforcement Cases
25
C Informal Staff Advisory Opinions
28
C Interference With Prospective Business Relationships
172
VII Settlement and Release
174
II Monopolization
181
III RobinsonPatman Act
183
II Racketeer Influenced and Corrupt Organizations Act
194
III Civil RightsEmployment Law
195
B TITLE VII
197
C FAIR LABOR STANDARDS ACT
201

D State Legislative And Regulatory Developments
30
B Cause for Ending Relationship
38
2 Without Cause Termination
40
4 Termination Claims Survive Dismissal
47
C CAUSE UNDER INDUSTRYSPECIFIC STATUTES
48
2 Automobile Dealer Laws
56
3 Alcoholic Beverage Distribution Laws
60
4 Other Dealer Protection Statutes
61
III Encroachment
62
IV Transfers
66
V NonCompetition Agreements and Restrictive Covenants
70
VI Other Relationship Issues
73
B Other Unauthorized Uses
81
C Abandonment of Marks
86
II Trade Dress
87
IV Copyright
88
V Misappropriation
89
2 Existence of a Written AgreementStatute of Frauds
97
3 QuasiContractual Claims
102
B Breach Of Contract
104
2 Enforcement of the Franchise Agreement By Franchisor
109
3 No Damages
112
II Damages Other Remedies
113
2 Franchisees Damages
114
3 Compensatory Damages Generally
116
B Liquidated Damages
120
C Punitive Damages
122
D Injunctive Relief
123
E Declaratory Judgment
130
III Implied Covenant of Good Faith and Fair Dealing
133
B Exercise of Sole Discretion
137
C Other Good Faith Claims
139
IV Fraud and Misrepresentation
141
B Reasonable Reliance
147
C Representation of Future Action
148
D Pleading Fraud with Particularity
150
E Other Fraud Issues
152
V Vicarious or Derivative Liability
153
B Other Claims
158
VI Tortious Interference
162
B Interference With Contractual or Advantageous Business Relationships
165
IV Securities Laws
202
II Taxation
215
III Uniform Commercial Code
220
B Diversity Jurisdiction
229
C Removal
231
D Subject Matter Jurisdiction
234
E Concurrent Federal and State Actions
237
II Constitutional Issues
239
III Class Actions
240
IV Forum Selection Venue And Forum Non Conveniens
241
B Cases Refusing to Enforce Forum Selection Clauses
244
C Venue
245
D Forum Non Conveniens
247
V Choice of Law
248
VI Arbitration
255
B Enforceability
261
C Choice of Law and Choice of Forum
271
D Waiver
272
E Challenges to Arbitration Awards
274
F Right To Counsel
277
C Service Of Process
280
D Default Judgments
281
E Standing
282
F Indispensable Parties
284
G Collateral EstoppelRes Judicata
285
H Waiver of Jury Trials
287
I Miscellaneous
288
II Costs and Attorneys Fees
292
III Sanctions
298
IV Malicious Prosecution and Negligence
299
V Insurance
301
B BELGIUM
306
2 Ontario
308
E Sweden
310
B Germany
316
C Ireland
317
E United Kingdom
318
This Space Not Required
320
Index
339
Copyright

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About the author (2005)

Ron Coleman spent 36 years in the RCAF and the CAF, primarily as a pilot on fighters and trainers. He completed an exchange tour with the USAF during the Viet Nam war and later a tour with the United Nations on the Golan Heights.

During his service, he earned a BComm from the Canadian Forces Military College and completed Command and Staff College, and rose to the rank of Colonel before retiring. He has an extensive background in Aviation Safety and spent 10 years as an investigator and manager with the Canadian Transportation Safety Board. He represented Canada in many international accident investigations.

The author is bilingual and currently works as an aviation safety consultant. He and his wife, Linda, live near Rideau Ferry, Ontario, Canada, and they have two sons. He is an avid outdoorsman and is training for his black belt in Karate. He is a member of the Manitoba Sports Hall of Fame.

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