Does the Ben Jerrys agreement allow for the removal of an action from state to federal court?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Any legal action brought by any party against the other in any forum or court, whether federal or state, shall be brought only within the judicial district in which BEN & JERRY'S has its principal place of business at the time the action or proceeding is initiated. Any such action shall be brought in federal court if federal court jurisdiction exists and, if it does not exist, then in state court.
The parties agree that this Section 15 shall not be construed as preventing either party from removing an action from state to federal court.
The parties hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the agreement does allow either party to remove a legal action from state court to federal court. The document states that any legal action, whether in federal or state court, must be initiated in the judicial district where Ben Jerrys has its principal place of business. Furthermore, the action must be brought in federal court if federal jurisdiction exists; otherwise, it will be brought in state court.
The Ben Jerrys franchise agreement explicitly states that the section regarding the location of legal action should not be interpreted as preventing either party from moving a case from state to federal court. This ensures that both Ben Jerrys and the franchisee have the option to pursue litigation in federal court if they meet the requirements for federal jurisdiction.
This clause also includes a waiver of any objections to personal jurisdiction or venue, which means both parties agree to the specified location and court system for resolving disputes. This waiver is intended to streamline the legal process and prevent either party from challenging the location of the lawsuit based on jurisdiction or venue.