Constructive Franchise Termination Claims are Not Dead. This case provides good advice for franchisors on devising and embracing a franchise impact policy; the problem is that very, very few franchisors follow this advice. Short run profit goals of franchisors, along with terribly thought-out court decisions like DRX Urgent Care, leave franchisees with no place to turn in the face of ongoing franchisor encroachment. This opens up franchisors to viable claims by franchisees of constructive franchise termination. The attached article written by a franchisor lawyer surprisingly shows some compassion for the devastating effects of signficant encroachment on a franchisee's ability to turn a profit, even a meager one.
http://www.thelegalintelligencer.com/id=1202733653046/Encroachment-and-Franchisee-Claims-of-Constructive-Termination