Brian Lofgren v. AirTrona Canada

MERRITT, Circuit Judge.

This Michigan diversity case presents the question of whether the plaintiff, Brian Lofgren, and the defendants, AirTrona Canada and Salvatore (“Sam”) Barberio, made a franchise agreement under Section 2 of the Michigan Franchise Investment Law 1 and if so, whether the plaintiff, the franchisee, is entitled to rescind the purported agreement and seek restitution under Sections 8 and 31 of the Michigan statute because the franchisor did not provide the franchisee with the required “disclosure statement.” 2

The parties agree that no disclosure statement of any kind was…