What is the significance of Douglas County, Nebraska, in relation to Cordova litigation?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
| v. Choice of forum | 18.G. | Except for certain claims for injunctive relief, all litigation |
|---|---|---|
| proceedings must be conducted in the appropriate State or Federal | ||
| Court within or closest to either Douglas County, Nebraska or the | ||
| State or Federal Court nearest to our corporate headquarters at the | ||
| time such action is commenced. This provision is subject to | ||
| applicable state law. | ||
| w. Choice of law | 18.F. | Nebraska 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 33–37)
What This Means (2025 FDD)
According to Cordova's 2025 Franchise Disclosure Document, Douglas County, Nebraska is significant because it is the primary location for litigation involving the franchise. Except for claims seeking injunctive relief, any legal proceedings must occur in the appropriate state or federal court within or closest to either Douglas County, Nebraska, or the state or federal court nearest to Cordova's corporate headquarters at the time the action begins. This requirement is subject to applicable state law.
This means that if a franchisee has a dispute with Cordova that results in a lawsuit (excluding certain claims for injunctive relief), the franchisee will likely need to pursue that legal action in Nebraska, specifically in or near Douglas County, or near Cordova's corporate headquarters. This could create additional costs and logistical challenges for franchisees who do not reside in Nebraska, as they may need to travel to Nebraska for court appearances and hire local legal counsel.
The FDD also states that Nebraska law will govern the franchise agreement, subject to state law and disclosures in Exhibit I. The combination of Nebraska law governing the agreement and the requirement to litigate in or near Douglas County, Nebraska, underscores the importance of understanding Nebraska's legal environment for any prospective Cordova franchisee. Franchisees should consult with legal counsel to fully understand the implications of these provisions before investing in a Cordova franchise.