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While many franchise disputes can be resolved through other methods, litigation is sometimes unavoidable. When your case must go to court, you need an experienced Dallas franchise litigation lawyer by your side. They use their resources and relationships in the area and the court system to serve you and improve the outcome of your case. Even if your options as a franchisee are restricted, you still have rights and deserve to have someone fight for you.
At Luther Lanard, PC, we provide support and stability when you are facing litigation. We know you are concerned about the future of your business, and we work diligently to advocate for you and protect your interests and investment. While we act quickly on your behalf, we also take our time and make sure that you have a strong case and receive exceptional service throughout the process. You can rest assured that you will receive sound counsel and will be our top priority.
The Purpose of our in Dallas Franchise Litigation Lawyer Law Firn
The purpose of franchise litigation is to settle disputes between two parties. This typically involves a formal trial where both parties argue their case in court before a judge or jury. While these conflicts are most likely to occur between franchisees and franchisors, they can involve other parties as well, such as landlords. When neither party wants to compromise, litigation provides a solution that is sure to end in a decision and resolution.
Franchise litigation is often complex, time-consuming, and expensive. As such, it is generally a last resort for settling a dispute. Court cases are also public records, so litigation does not provide the confidentiality that mediation or arbitration does. Both parties will need to retain franchise litigation lawyers in Dallas to represent them throughout the legal process to ensure all requirements are met. With their legal knowledge and skills, they also protect their clients by preventing actions that could affect their cases.
Litigation Timeline
Franchise litigation in The Metroplex can take a considerable amount of time to resolve, and it is important to prepare for this from the outset. Every case is different, but the process could even take more than a year to resolve. The complexity of the case, discovery, waiting periods, and court availability can all impact the amount of time litigation will take. Because there are also statutes of limitations on these types of cases, it is important to take action early so you have ample time to resolve your dispute.
Types of Franchise Disputes We Handle in Dallas-Fort Worth
Franchise litigation can be used to resolve several types of franchise disputes. Each type of dispute may present unique challenges depending on the factors involved, and a lawyer will carefully consider the most effective way to move forward under the circumstances. At Luther Lanard, PC, we are equipped with the knowledge and experience to help clients resolve the disputes listed below, as well as others.
Breach of Contract
A breach of contract is a serious violation of a party’s obligations in the contractual relationship, and can result in significant losses for the affected party. Franchisees can sue franchisors, landlords, vendors, and other applicable parties if they have been negatively impacted by the other party’s actions. As a common cause of franchise disputes, you can be confident that your lawyer has handled numerous cases like this and has the experience needed to help you navigate your case and secure favorable results.
Misrepresentation and Fraudulent Activities
Fraud and misrepresentation are serious offenses in Texas, and may be more likely to be litigated. The Texas deceptive trade practices define what activities fall into this category. Penalties for these offenses or violations of the franchise rule can include fines, jail time, and payments for damages. Franchisees who have been the victim of a franchisor’s fraud or misrepresentation can hold the franchisor liable and seek relief for anything they have lost. A lawyer can help you navigate the complexities of these cases.
Lease Disputes
Disputes between franchisees and landlords are not uncommon and sometimes require litigation to resolve. A lease dispute can arise over rent, contractual obligations, misrepresentation, and more. If parties cannot resolve the matter on their own, then these disagreements can be litigated to resolve the matter and recover potential losses. A lawyer will review your lease agreement when you hire them and determine effective strategies to protect your rights and resolve the matter in your favor.
Non-Renewal and Termination
If you believe your franchisor has wrongfully issued you a termination or non-renewal notice, you must consult a lawyer and take prompt action. A lawyer can help you determine the reason for the notices and assess your options based on your franchise agreement. They will then take action to protect your business from unfair treatment and prevent the franchise agreement from being terminated or non-renewed. Your lawyer may also be able to use the franchisor’s action to your benefit.
Exiting a Franchise
Another cause of franchise litigation can arise when you want to exit a franchise. This could result from some of the reasons discussed above, and could impact your options. While selling or transferring may be an option, franchisors may not always provide consent. A franchisor must give a reason if they do not allow the franchisee to leave. During these disputes, our Dallas franchise litigation lawyers can help you negotiate an agreement or use a franchisor’s actions as grounds to exit. It is important to consult a lawyer to avoid further issues.
Misclassification
Individuals who have been misclassified have grounds to sue, especially if they are not receiving benefits they would otherwise receive if they were properly categorized. Instances of misclassification can occur either when a franchisor or employer is trying to avoid financial obligations, or it can happen because there is insufficient clarity about the nature of the role. Regardless of the cause, a lawyer can provide direction as you pursue legal action.
What to Expect During Litigation in The Metroplex
The thought of going to court can be overwhelming and unnerving for many clients. While they want to recover losses they sustained, knowing how to proceed can be another story. Our franchise litigation attorneys in Dallas, TX know this and take the time to prepare you for what to expect from the outset and as different situations arise. They will take the lead on your case and build a strong claim that is designed to get results and help you get back to running your business.
Litigation is often a last resort and is used after alternative dispute resolution methods have been exhausted. This usually includes negotiations, mediation, and arbitration. If none of these avenues result in an agreement, then litigation usually begins. This process is generally composed of up to five phases, depending on the nature of the case.
Filing the Petition
Filing a petition initiates the franchise litigation process in Texas. Whichever party files the petition must state the reason for the lawsuit, who is involved, and what outcome they are requesting. Once the petition has been filed with the court, the other party must be served so they are on notice about the lawsuit filed against them. They generally have 20 days to respond or else risk a default judgment. Whether you are filing or responding, your lawyer ensures all paperwork is filled out and filed correctly.
Discovery
If the case moves forward, the next step is discovery. During this period, each party collects evidence to support their claim and show the other party’s fault. Witness statements, expert testimonies, contracts, records, and more can be used in your case. After all the evidence is gathered, the information is exchanged so each side can review the other party’s case against them. The discovery phase can help your lawyer craft and further refine the strategies they plan to use in your case.
Settlement Attempts
Based on what is presented during discovery, parties may try once more to settle the dispute outside the courtroom. Lawyers will negotiate on behalf of their clients to find a solution to the dispute. During this time, lawyers can also file motions to include or exclude evidence. Depending on the strength of the case, a lawyer may also file a motion for a summary judgment to receive a decision in their favor so the case can be settled without having to go to court.
Trial
If no agreement is reached, then your dispute will go to court. You and the opposing party will both argue your cases before a judge or jury. Both parties will present their evidence, as well as provide witnesses for their testimony and cross-examination. Once both parties have had a chance to do all of this, they will make closing statements about the case. From here, parties wait for a decision from either the judge or jury, depending on the type of trial.
Judgment and Appeals
At the end of the trial, a judge will issue a judgment on the case to settle the matter. At this point, at-fault parties may be penalized, and those who were negatively impacted can recover their losses. However, if either party feels that they received an unfair decision, they can file an appeal. Appeals are reviewed by a higher court, where they will decide to uphold the decision, reject the decision, or send it back to a lower court for further action.
Statute of Limitations on Franchise Disputes in Dallas-Fort Worth
There are statutes of limitations for litigating a dispute between you and your franchisor, landlord, or other party. This prevents matters from remaining open indefinitely and encourages parties to resolve their disagreements quickly. In Texas, the time limits depend on the cause of the dispute, as they vary depending on the offense. The amount of time you have is calculated from the moment a violation occurred or was discovered.
In Texas, the statute of limitations for franchise litigation is as follows:
- Four Years: Contract violations and fraudulent activity
- Three Years: Misappropriation of trade secrets
- Two Years: Texas Deceptive Trade Practices Act
To determine how much time you have left to file a lawsuit, consult a lawyer. After reviewing your case, they will be able to tell you how much time remains and the most effective strategies for settling your dispute before the statute of limitations expires. If you wait too long, you could risk not being able to recover losses you may have sustained because of the other party. Talk to a lawyer right away for favorable results.
How Our Dallas Franchise Attorneys Can Help You During Litigation
Given the nuances of franchise disputes and the many steps involved in litigation, it is important to hire an experienced law firm that can guide you through the process and advise you of your rights and course of action. They are also there to speak on your behalf and communicate your side of the dispute so you have a voice and are not treated unfairly. Lawyers also handle logistics such as drafting and filing petitions and motions, as well as providing case management.
A franchise litigation attorney in Dallas, TX will dig into the franchise agreement, the relationship between you and the other party, the violation in question, the extent of your losses, and so much more, to gain a comprehensive picture of the situation. They will investigate and gather evidence to determine how to approach your case and how to tailor their strategies. Your lawyer will also leverage the actions of the other party and find weaknesses in their arguments to better support your case during litigation.
Contact Our Dallas Franchise Litigation Lawyer Law Firm
Luther Lanard, PC understands that franchise litigation can be intimidating, but we provide experienced guidance to help you navigate the legal system. Our team works diligently to prepare your case and advocate on your behalf. We have many years of trial experience and can fiercely and effectively argue your case in court so you can gain back what you have lost. Take the first step today and contact our Dallas franchise litigation law firm to schedule a consultation with our knowledgeable team.