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Automotive alert: federal court rejects offer of "next" dealership claims

Jones Day
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USA
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March 17 2010

A federal court granted summary judgment on a claim related to an alleged promise that a dealer would receive the "next" dealership in the area

Automotive alert: appellate court rejects oral dealership claim

Jones Day
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USA
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March 17 2010

A recent appellate decision rejected claims related to an alleged oral promise to appoint a dealership

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

Jones Day
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USA
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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

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

Jones Day
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USA
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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that centered on the fact that Ford's statutorily required notice of termination to the dealerships was based on an outdated version of the applicable statute

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

Jones Day
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USA
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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

Massachusetts district court finds janitorial franchisees are employees, not independent contractors

Jones Day
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USA
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May 19 2010

On March 23, 2010, the United States District Court for the District of Massachusetts held in Awuah v. Coverall North America, Inc. that a group of janitorial franchisees were misclassified as independent contractors

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

Jones Day
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USA
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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

Recall letter and correspondence do not save design defect claims against Ford from statute of limitations

Jones Day
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USA
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March 17 2010

A federal judge recently dismissed claims that a vehicle was negligently designed, tested, and assembled, along with a claim that the manufacturer failed to warn or instruct users about a defect in vehicles

New class actions targeting ATM operators alleging failure to comply with ATM notice requirements

Jones Day
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USA
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August 10 2009

Plaintiffs' attorneys have begun targeting "ATM operators" with class actions related to ATM fee disclosures

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

Jones Day
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USA
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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

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