Although this survey period did not have any single “blockbuster” development for franchise and distribution case law in Texas, a number of cases were decided on very frequently litigated issues in franchising, including liability and appropriate remedies for Lanham Act violations, the proper construction of franchise agreements with multiple amendments, vicarious liability, and the definition of “consumer” under the Texas Deceptive Trade Practices Act. In addition, this survey period saw a bankruptcy court analyze an interesting choice of law issue, perfectly highlighting the potentially dispositive difference that critical issue may make. Another court, in an opinion analyzing something as mundane as a dispute over the proper breadth of discovery, provides guidance for analyzing very contentious issues in franchise litigation, such as the extent to which information from non-party franchisees is discoverable. Taken as a whole, this survey period produced several decisions which have the potential to become frequently cited cases in Texas franchise law.
Deborah S. Coldwell, et al., Franchise Law, 1 SMU Ann. Tex. Surv. (2014)