Introduction: It is not every year that we see a landmark distribution and franchise case. This year, one of the most significant decisions by a court is Vazquez v. Jan-Pro Franchising International, Inc., — F.3d —-, No. 17-16096, 2019 WL 1945001 (9th Cir. May 2, 2019). The Ninth Circuit, in a unanimous decision, held that the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court, 416 P.3d 1 (Cal. 2018), applies both retroactively and to the franchisor-franchisee relationship. Given the importance of this decision, it is the subject of a separate presentation at this year’s Seminar, and it is omitted from this list. Instead, you will find that this list contains exemplary decisions that help illustrate common, recurring themes in distribution and franchise litigation, serving as a list of tips and takeaways for best practices.
