Court: |
US District Court, Western District of Wisconsin |
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Facts: |
Wallgreen decides to get out of the franchise business in Wisconsin.
A bunch of franchisees are uptight about this. |
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Posture: |
Appeal by defendant; motion for summary judgment. |
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Issue: |
Does the WI Fair Dealership Law permit a granter to cancel all
dealership arrangements for bona fide economic reasons? |
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Holding: |
No: you have to have good cause. No injunctive relief, only damages. |
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Rule: |
Several different resolutions, depending on when the dealership |
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Reasoning: |
The legislature wasn't trying to create a perpetual care responsibility
for dealerships, but dealers should be reimbursed for losses
resulting from termination. The law covers all such circumstances,
including non-discriminatory withdrawals from an entire geographic
range. |
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Dicta: |
The court suspects that this law may not be a good idea, but acknowledges
that it's not for them to say. |