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- Title
Franchising & Distribution Currents.
- Authors
Gruenberg, Matthew; Harford, David; Wheeler, Vanessa
- Abstract
The defendants also argued that the court should not have awarded damages against all the defendants jointly, claiming that plaintiff did not submit sufficient evidence that the individual defendants had directly engaged in any misconduct. However, the court refused to dismiss plaintiffs' claims for improper venue, holding that the language of the venue provision in the PMPA was permissive rather than mandatory and that plaintiffs properly alleged that they did business in New Jersey. The U.S. District Court for the Eastern District of Pennsylvania granted a motion to compel arbitration and stay proceedings filed by a hotel franchisor and its related franchisee association, requiring that each franchisee plaintiff bring its claims in arbitration individually. The court also held that it had no personal jurisdiction over the individual defendants because the defendants resided in Texas and plaintiffs had not alleged sufficient facts to show that the defendants' alleged misrepresentations were in any way connected to New Jersey. Finally, because plaintiffs had not shown that the arbitration or class waiver provisions were unconscionable, the court required that each plaintiff arbitrate its own claim separately.
- Subjects
UNITED States. District Court (Pennsylvania : Eastern District); ARBITRATION &; award; LEGAL costs; CONTRACTS; SMALL claims courts; DISMISSAL &; nonsuit; SCHOOL uniforms; RESTRAINT of trade; CRIME
- Publication
Franchise Law Journal, 2021, Vol 41, Issue 2, p269
- ISSN
8756-7962
- Publication type
Article