Competition Law Specialists

Very often, bad facts produce judicial pronouncements that ostensibly appear logically tortured, but which, upon closer observation, reflect the Court’s attempt to exercise its perception of good judgment and fundamental fairness. On November 26, 2013, a California appellate court provided an example of this phenomenon.

Earlier this week, in an unpublished opinion, a California appellate court imposed strict products liability on a Ventura County car dealership despite its limited role as a non-profiting, “pass-through” participant of a car sale between General Motors and the customer.

Potential liability for product defects is an expensive and non-trivial concern for all manufactures and their distributors. In recent years, no product has been under more fire than Monster Beverage Company’s popular caffeinated “Monster Energy” drinks.

The word “elegance” can be defined as “ingeniously simple.” Put another way elegance is combining effectiveness with simplicity. If your business depends on several retail units to reach your customers, franchising may well be the most elegant business structure available to you. Here’s what you should consider.