A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more
A federal court in Puerto Rico denied a distributor’s motion for a preliminary injunction, finding that justice would not be served by reinstating the relationship between the parties after it was effectively terminated. Nilo...more
A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more
10/6/2023
/ Choice-of-Law ,
Contract Terms ,
Counterclaims ,
Covenant of Good Faith and Fair Dealing ,
Distributors ,
Franchises ,
Manufacturers ,
Motion to Dismiss ,
Promissory Estoppel ,
Sales & Distribution Agreements ,
Tortious Interference ,
Unfair or Deceptive Trade Practices
The California Court of Appeals for the Second District, creating a split of authority among California’s appellate courts, held that Ford Motor Co. did not have the right to enforce an arbitration provision in a sales...more
8/11/2023
/ Appellate Courts ,
Arbitration ,
Car Dealerships ,
Express Warranty ,
Ford Motor ,
Magnuson-Moss Act ,
Manufacturers ,
Non-Signatories ,
Sales Contracts ,
Song-Beverly Credit Card Act ,
Split of Authority
A federal court in New Jersey granted summary judgment to a car manufacturer, holding that a retailer coalition cannot state a claim on behalf of its members under the New Jersey Franchise Practices Act (NJFPA). N.J. Coal. of...more