Where will litigation for Casiola be conducted if in United States District Court?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
| v. Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation proceedings |
|---|---|---|
| must be conducted in, or closest to, State court of general | ||
| jurisdiction that is within or closest to Orange County, Florida or, | ||
| if appropriate, the United States District Court nearest to our | ||
| corporate headquarters at the time such action is filed. This | ||
| provision is subject to applicable state law. | ||
| w. Choice of law | 18.F. | Florida law will govern. However, this provision is subject to state |
| law and as otherwise disclosed in Exhibit I to this Disclosure | ||
| Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 35–39)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, any litigation proceedings in the United States District Court must occur nearest to Casiola's corporate headquarters at the time the action is filed. The document also states that all litigation proceedings must be conducted in, or closest to, State court of general jurisdiction that is within or closest to Orange County, Florida. This provision is subject to applicable state law.
This means that if a franchisee has a legal dispute with Casiola that ends up in court, and the case is pursued in federal court, the franchisee will likely have to travel to the United States District Court nearest to Casiola's headquarters. This could create a financial burden for franchisees who do not live near Orange County, Florida, as they would incur travel and accommodation expenses to attend court proceedings.
It is important to note that this clause is subject to applicable state law, which means that some states may have laws that override this clause and require litigation to take place in the franchisee's home state. Prospective franchisees should consult with an attorney to understand the implications of this clause and how it may affect them. Franchisees should also be aware that Florida law will govern the agreement, as disclosed in Exhibit I to the Disclosure Document.