In any action under subsection (a), the franchisee shall have the burden of proving the termination of the franchise or the nonrenewal of the franchise relationship. The franchisor shall bear the burden of going forward with evidence to establish as an affirmative defense that such termination or nonrenewal was permitted under section 2802(b) or 2803 of this title, and, if applicable, that such franchisor complied with the requirements of section 2802(d) of this title.
15 U.S. Code § 2805. Enforcement provisions
The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
2007—Subsecs. (a), (b)(1), (d)(1)(B). Pub. L. 110–140 substituted “2802, 2803, or 2807” for “2802 or 2803” wherever appearing.
1994—Subsec. (f). Pub. L. 103–371 added subsec. (f).