Former Franchisee Defeats Request for Injunctive Relief

By: GDLD | 2.1.19 | Case Results

Matthew D. Kohel and Joseph B. Wolf recently defeated a motion for a temporary restraining order and preliminary injunction filed in the U.S. District Court for Maryland by a franchisor of in-home care companies against our clients, who are former franchise owners located in Tulsa, Oklahoma, to shut down their new business. In its decision, issued after an evidentiary hearing and significant briefing, the Court resolved every key factual issue in our clients’ favor, including finding that the franchisor failed to demonstrate a likelihood of success on the merits and irreparable harm. The Goodell DeVries team successfully argued that our clients’ new company is not a competing business and that the non-compete is overly broad and unenforceable. In light of this, the Court gave the franchisor 14 days to show why the case should not be dismissed in its entirety.