Top franchise cases of 2013

By Barry M Heller, John A Hughes and John J Dwyer

Three significant 2013 cases from our webinar reviewing 2013’s top franchise decisions are summarised below.

1. In Hanley v Doctors Express Franchising LLC, a former franchisee of the Doctors Express franchise system sued Doctors Express, the franchisor, and Rhino 7, a broker involved in the franchise sale, asserting that the disclosure documents contained misrepresentations and nondisclosures regarding required initial investment, initial operating capital requirements, physician credentialing/health insurance reimbursement process and projected earnings.

In their motion to dismiss, Doctors Express argued that numerous disclaimers barred the former franchisee from relying on any statements outside of the documents and that its reliance was thus unreasonable. The former franchisee argued that the Maryland Franchise Law voided such disclaimers by prohibiting a franchisor from conditioning a franchise sale on the prospective franchisee’s release of any persons from liability. The district court agreed, but recognised the disclaimers could eventually establish that reliance on the alleged statements was unreasonable…

Click on the link below to read the rest of the DLA Piper briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer


3 Noble Street

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 542 (International 50)
No. of partners: 142.6