Carmen D. Caruso has tried numerous preliminary injunction hearings involving franchise terminations and the enforcement of restrictive covenants, with considerable success.
It is often advantageous to structure a case to get into court early on a motion for preliminary injunction or for a temporary restraining order. This strategy frequently leads to an early resolution of the entire case, saving the client substantial fees that would be needed if the case were to continue all the way to full trial.
Carmen D. Caruso Law Firm employed this strategy on behalf of franchisees in the Hickory Farms franchise system, who faced obstacles from their franchisor in attempting to exercise their contractual right to renew their franchise agreements for an additional term. We moved for a preliminary injunction to prevent the franchisor from terminating the franchises while the renewal claim was being litigated – which prompted the federal court to accelerate the entire trial schedule and thereby assure our clients of a timely resolution.
The case quickly settled on confidential renewal terms, prompting a client to say: “Damn, you guys are good.”