Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
State Farm Agents Seek to Prove Franchisee Relationship with Insurer
Discovery will be completed this month in a lawsuit brought by the National Association of State Farm Agents (NASFA) for breach of contract and violation of franchise laws. The case, which is in the Superior Court for the District of Columbia, has already generated important rulings for franchisors and franchisees about whether the trade association has the standing to sue as a representative of its members, and whether the case should be heard in state or federal court.
In a response to the original lawsuit (which was filed in Baltimore County Court in Baltimore, MD, in December 2001), State Farm argued that: 1) the independent agents do not have standing to sue State Farm as a franchisor; and 2) the case, if it was to be heard, should be heard in federal court. Separate decisions went against State Farm on each issue.
The superior court ruled in October 2002 that NASFA has standing to bring suit for equitable relief and injunctive relief against State Farm (see Business Franchise Guide: CCH, paragraph 12,431). State Farm had moved to dismiss the case on the basis that NASFA, though an association, nevertheless could not fulfill the requirements to sue on behalf of its members; State Farm argued NASFA lacked “representational standing.”
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.