Choice of Law Clause Upheld for Franchisor with Court Dismissing Several Out-of-State Claims
Haynes and Boone Team:
Coldwell, Deborah S.
Services: Franchise Litigation
, Litigation/Trial Practice
Court granted defendants’ demurrers on franchisees’ claims for alleged violations of North Carolina, Tennessee and California deceptive trade practices acts and California franchise statutes holding that the Virginia choice of law clause in the franchise agreements specifically excluded any actions based upon breaches or torts under the laws of foreign jurisdictions. Brenco Enterprises, Inc. v. Takeout Taxi Franchising Systems, Inc.,
Bus. Franchise Guide (CCH) ¶12,595 (Va. Cir. Ct. Jan. 13, 2003.)