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Results: 1-10 of 14

The aftermath of Awuah: are courts encroaching on a franchisor's traditional protections from a franchisee's employment decisions?

  • Jones Day
  • -
  • USA
  • -
  • May 23 2012

There is growing concern over whether courts will deem franchisees "employees" or "joint employers," as opposed to contractors or wholly separate enterprises, as further decisions are handed down in the wake of the highly publicized Awuah case and courts grapple with today's complex franchisor-franchisee relationships

Appellate court rules that "evolving and continuous" breaches of "franchise agreement" allow termination even though manufacturer had prior knowledge of problems

  • Jones Day
  • -
  • USA
  • -
  • January 30 2012

The Supreme Court of Alabama recently ruled that a manufacturer was not precluded from terminating a "franchise" agreement under a state dealer statute even though the manufacturer had knowledge of the problems at issue more than 180 days before the proposed termination (the length of time specified in the statute

Federal court enjoins sale of dealership pending manufacturer's exercise of right of first refusal

  • Jones Day
  • -
  • USA
  • -
  • July 27 2011

A federal district court preliminarily enjoined a dealer's attempt to sell the dealership to third parties, finding that the manufacturer would "suffer immediate and irreparable injury" if the injunction motion had not been granted

Federal district court denies class certification on risk utility claims

  • Jones Day
  • -
  • USA
  • -
  • July 21 2011

A United States District Court has again denied plaintiffs' efforts to certify a class related to alleged design flaws in automotive seats

Federal court tosses automobile dealer's day in court act claim

  • Jones Day
  • -
  • USA
  • -
  • May 11 2011

The United States District Court for the Central District of California recently granted summary judgment on the plaintiffs' Automobile Dealer's Day in Court Act ("ADDCA") claim related to an alleged constructive termination of a Hyundai dealership

Federal court denies nationwide class based on divergence in state consumer protection laws

  • Jones Day
  • -
  • USA
  • -
  • March 9 2011

The United States District Court for the Western District of Kentucky recently denied a plaintiff's motion for class certification insofar as it sought certification of a nationwide class

Appellate court allows terminations notwithstanding alleged technical deficiencies in notice to dealer

  • Jones Day
  • -
  • USA
  • -
  • October 29 2010

An appellate court in Texas recently held that Ford Motor Company could terminate its "franchise agreements" with two Ford dealerships, notwithstanding the dealers' arguments on appeal that centered on the fact that Ford's statutorily required notice of termination to the dealerships was based on an outdated version of the applicable statute

Federal appellate court says manufacturer can control internet sales of service contracts by dealers to consumer

  • Jones Day
  • -
  • USA
  • -
  • October 14 2010

The United States Court of Appeals for the First Circuit has ruled that an automobile manufacturer may temporarily preclude its dealers from selling vehicle servicing contracts ("VSCs") over the internet without violating a state dealer statute

Automotive alert: Michigan appellate court adopts "apex" rule to limit senior executive depositions

  • Jones Day
  • -
  • USA
  • -
  • September 29 2010

A Michigan Court of Appeals just adopted the so-called "apex" deposition rule in Alberto v. Toyota Motor Corp. See ___ N.W.2d ___, 2010 WL 3057755 (Mich. Ct. App. Aug. 5, 2010

Automotive alert: district court enjoins dealer from using Harley-Davidson trademarks

  • Jones Day
  • -
  • USA
  • -
  • May 19 2010

A federal court recently preliminarily enjoined a dealer from using Harley-Davidson trademarks after the parties previously signed a settlement agreement providing that the dealer agreement ("Dealer Contract") would terminate on December 31, 2009