Where may Benjamin Franklin Plumbing file a lawsuit against a franchisee?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.6. Venue for Litigation.
Franchisee and the Owners are required to file any lawsuit against us only in the federal district court for the district encompassing Columbia, Maryland (or in the closest state court to Columbia, Maryland, if the federal court lacks subject matter jurisdiction).
We may file a lawsuit against Franchisee or the Owners in the federal or state court for Columbia, Maryland or in the federal or state court where the Franchised Business is located.
We have the right to designate headquarters for the Brand at a location other than Columbia, Maryland and to substitute that location for Columbia, Maryland for purposes of this Section.
The parties irrevocably submit to the jurisdiction of such courts and waive all objections to personal jurisdiction and venue for purposes of carrying out this provision.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, Benjamin Franklin Plumbing has the option to file a lawsuit against a franchisee or the franchisee's owners in specific courts. Benjamin Franklin Plumbing can file a lawsuit in the federal or state court for Columbia, Maryland, or in the federal or state court where the franchised business is located.
Benjamin Franklin Plumbing also retains the right to change the designated headquarters location from Columbia, Maryland, to another location for the purposes of determining the venue for litigation. If Benjamin Franklin Plumbing designates a new headquarters, that location would then be used instead of Columbia, Maryland, for determining where a lawsuit can be filed.
The FDD specifies that both the franchisee and the owners irrevocably submit to the jurisdiction of these courts and waive any objections to personal jurisdiction and venue, ensuring that legal proceedings can occur in the specified locations without challenges regarding jurisdiction or venue. This section clarifies the legal framework for potential disputes and the venues where such disputes may be resolved.