The Automotive Group has worked with manufacturers across the United States in implementing dealer development and market representation initiatives, litigating protests and lawsuits, and developing effective dealer agreements and policies. Those manufacturers that have worked with us have found our attorneys to be knowledgeable and creative strategic partners. Whether counseling clients or litigating disputes, we bring to the table a great depth of both automobile industry knowledge and legal ability that allow us to help our clients solve difficult problems and achieve business objectives.

Litigation

Members of the Automotive Practice Group litigate complex commercial disputes for manufacturers in venues throughout the United States. We have successfully litigated well over 100 cases brought under federal and state dealer laws, including disputes involving dealer add-points and relocations, terminations, allocation, advertising programs, alleged price discrimination, breach of contract, warranty reimbursement, dealership bankruptcies, and others.

Our main focus in litigating dealer disputes is not adding to our list of “wins.” Instead, our focus is helping our clients to remain successful in their businesses. To that end, regardless of the dispute, we continually focus on the business possibilities that the litigation may present. By acting as a strategic partner, rather than as a hired gun, we have been able to use litigation as an opportunity to transform markets and achieve goals beyond what our clients thought possible.

Counseling

Members of the Automotive Practice Group also advise clients with respect to all facets of the manufacturer-dealer relationship. We have assisted clients in drafting sales and distribution agreements, creating brand standards, and developing margin programs. We also have helped develop policies in key areas such as corporate identification, minority dealer representation, product allocation, and pricing. In addition, we have provided advice on matters such as advertising, gray market trading, and trademark licensing and management.

We also frequently work with clients in developing market representation strategies, and have been involved in developing strategies in connection with the launch of new franchise networks. On multiple occasions, we have applied our depth of knowledge of the auto industry and the laws governing the manufacturer-dealer relationship to create strategies that have achieved critical market representation goals that even our clients thought were unlikely or impossible.

Representative Matters

Anderson Motor Co. v. Mazda Motors of America, Inc.
Represented Mazda before the Illinois Motor Vehicle Review Board in action to terminate dealership based upon inadequate sales performance.
Audi of America, Inc. v. Prestige Motor Car Imports, Inc.
Represented Audi before the Florida Dept. of Administrative Hearings in an administrative proceeding (and related stated court declaratory judgment action) to terminate a franchise agreement based upon a felony conviction of the franchisee’s dealer principal.
Batchtown Motor Co. v. DaimlerChrysler Motors Co., LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in dealership termination action based upon inadequate sales performance.
Beach Automotive, Inc. v. Volkswagen
Represented Volkswagen before the Florida Dept. of Administrative Hearings in two companion cases alleging wrongful termination of franchise based upon inadequate sales performance and breach of agreement to build facilities.
Blank v. DaimlerChrysler Motors Co., LLC
Represented DaimlerChrysler in the Circuit Court of Cook County, Illinois in action to determine rights under dealership buy-sell agreement and related right of first refusal provision.
Colson v. Maghami, et al.
Represented Lamborghini in the United States District Court for the District of Arizona in action for alleged breach of contract.
DaimlerChrysler Corp. v. Viking Dodge, Inc.
Represented DaimlerChrysler in the United States District Court for the Northern District of Illinois in action under the Motor Vehicle Franchise Act.

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Airway Properties Operators LP v. Volkswagen of America, Inc.
Represented Volkswagen before the Texas Dept. of Transportation in action by five dealers challenging national brand standards and incentive programs.
Audi of Smithtown v. Audi of America, Inc.
Represented Audi in the United States District Court for the Eastern District of New York in action alleging price discrimination involving incentive program.
Autobahn Imports LP v. Volkswagen of America, Inc. (Dealer Incentives)
Represented Volkswagen before the Texas Dept. of Transportation in action alleging discrimination with respect to dealer incentive programs.
Autobahn Imports LP v. Volkswagen of America, Inc. (Finance Incentives)
Represented Volkswagen before the Texas Dept. of Transportation in action challenging incentive program of captive finance company.
Autobahn Imports LP v. Volkswagen of America, Inc. (Warranty Reimbursement)
Represented Volkswagen before the Texas Dept. of Transportation in action seeking warranty labor rate increase.
Autosports Volkswagen, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the North Carolina Division of Motor Vehicles in action challenging the right to approve a buy-sell and relocation.
Beechmont Audi, Inc. v. Audi of America, Inc.
Represented Audi in the United States District Court for the Southern District of Ohio in action alleging claims under the Robinson-Patman Act (price discrimination), the Dealer Day in Court Act and the Ohio Motor Vehicle Franchise Act, in connection with dealer incentive programs.
Bensco One LLC v. Volkswagen of America, Inc.
Represented Volkswagen in United States District Court for the Eastern District of Louisiana in action seeking damages for wrongful termination arising out of Hurricane Katrina.
Charles Maund Imports, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Texas Motor Vehicle Division in action seeking reimbursement for improperly documented warranty service.
Curfin Investments Inc. d/b/a Curry Motors of Forest Park
Represented Chrysler in the Circuit Court of Cook County, Illinois in action challenging national allocation and incentive programs.
Deel Volkswagen v. Volkswagen of America, Inc.
Represented Volkswagen before the Florida Dept. of Administrative Hearings in an action to prevent establishment of a new dealer in the Miami metropolitan area.
Ed Napleton Dodge, Inc. v. Chrysler LLC
Represented Chrysler before the Illinois Motor Review Board in action challenging denial of request for relocation.
Euro Performance Cars, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Connecticut Dept. of Motor Vehicles, Adjudication Unit, Legal Services Division in action to establish new dealership in West Hartford, Connecticut.
Everhardt-O’Leary Motors, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Wisconsin Division of Hearings and Appeals in action challenging buy-sell and relocation request.
Family First, Inc., v. Kia Motors America, Inc.
Represented Kia before the Illinois Motor Vehicle Review Board in an action to terminate dealership based upon failure to comply with brand standards.
Federico Chrysler Dodge v. DaimlerChrysler Corp.
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action alleging violations of the Motor Vehicle Franchise Act.
Foley Dodge, Inc. v. DaimlerChrysler Motors Corp.
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action alleging violations of Motor Vehicle Franchise Act.
Ganley Westside Imports, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Ohio Motor Vehicle Dealers Board in termination action based on unauthorized use of a competing dealer’s customer database.
Gebhardt Automotive, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in state court action brought to enjoin termination of dealership based on failure to fulfill facility obligations.
Heritage Oldsmobile-Imports, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in United States District Court for the District of Maryland in action seeking to enjoin establishment of new dealership.
Hewlett Volkswagen, Inc. v. Charles Maund Imports, Inc.
Represented Volkswagen before the Texas Dept. of Transportation in action challenging the establishment of new dealership in Austin, Texas.
Highland Park Chrysler, Inc. v. Volvo Cars of North America, LLC
Represented Volvo before the Illinois Motor Vehicle Review Board in action to terminate dealership based upon inadequate sales performance and customer survey fraud.
Holburt’s, Inc. v. Audi of America, Inc.
Represented Audi before the Pennsylvania Board of Motor Vehicle Manufacturers, Dealers and Salespersons in action challenging vehicle incentive program.
In re Hickory Automotive Group, Inc.
Represented Volkswagen in the United States Bankruptcy Court for the District of North Carolina in dealership bankruptcy proceeding.
In re Majesky Automotive Group, Inc.
Represented Volkswagen in the United States Bankruptcy Court for the Northern District of Illinois as creditor in dealership bankruptcy, involving return of vehicles, warranty chargebacks and termination of franchise.
In re West Suburban Imports, Inc.
Represented Volkswagen in the United States Bankruptcy Court, Northern District of Illinois as creditor in dealership bankruptcy proceeding.
In re White Mountain Volkswagen LLC d/b/a Manchester Volkswagen
Represented Volkswagen before the New Hampshire Motor Vehicle Review Board in action to terminate dealership.
In the Matter of College Park Motor Cars, Inc. d/b/a Darcars Volkswagen
Represented Volkswagen before the Maryland Office of Administrative Hearings and state trial court in proceeding to terminate dealership for inadequate performance.
In the Matter of JRJ Investments, Inc. d/b/a Desert Volkswagen
Represented Volkswagen in administrative action (and appellate court) to establish new dealership in Las Vegas, Nevada.
In the Matter of: Berge Service Center, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Arizona Dept. of Transportation in action to establish a new dealership in Chandler, Arizona.
Jacobs Twin v. Mazda Motors of America, Inc.
Represented Mazda before the Illinois Motor Vehicle Review Board in action alleging violations of the Motor Vehicle Franchise Act relating to facility development agreement.
Kar Kees, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in the Superior Court of Maricopa County, Arizona in a state court action seeking to block establishment of a new dealership.
Karen Correia Randley, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Virginia Commissioner of Motor Vehicles in action seeking reimbursement for improperly documented warranty service.
Kerbeck Cadillac Pontiac Chevrolet, Inc. v. Bentley Motors, Inc.
Represented Bentley in the United States District Court for the District of New Jersey in action seeking damages in connection with the termination of the Rolls-Royce line-make.
Knauz Motor Sales, Inc. v. DaimlerChrysler Motors Corporation
Represented DaimlerChrysler in the United States District Court, Northern District of Illinois in action challenging unauthorized relocation of a dealership premises.
Kramer v. Stelter, et al.
Represented Kia in the United States District Court, Northern District of Illinois in action for alleged claims under the Racketeer Influenced and Corrupt Practice Act.
Lefta, Inc. d/b/a Premiere Chrysler/Jeep
Represented Chrysler in the United States District Court for the Northern District of Illinois in action challenging national program of dealership consolidations.
Lefta, Inc. v. Chrysler Motors LLC
Represented Chrysler in the Circuit Court of Cook County, Illinois in action challenging allocation program.
Legend Autorama Ltd. v. Audi of America, Inc.
Represented Audi in the United States District Court for the Eastern District of New York in action for damages and injunctive relief arising out of establishment of new dealership in West Islip, New York.
Low Country Volkswagen LLC v. Volkswagen of America, Inc.
Represented Volkswagen in the United States District Court for the District of South Carolina in action seeking $8 million in damages for alleged coercion in connection with dealer’s obligation to build facility; tried to jury with verdict for Volkswagen.
LVW Auto Investors LP v. Metro Volkswagen
Represented Volkswagen before the Texas Dept. of Transportation in action challenging the establishment of new dealership in Dallas, Texas.
Lynch Chrysler, Inc. v. DaimlerChrysler Motors Co., LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action alleging violation of Illinois warranty reimbursement statutes.
Lynch Chrysler-Jeep, Inc. v. DaimlerChrysler Motors Company LLC
Represented Chrysler before the Illinois Motor Vehicle Review Board in action alleging violations of the Motor Vehicle Franchise Act.
Mancari’s Chrysler Jeep, Inc. v. Chrysler LLC
Represented Chrysler in the Circuit Court of Cook County, Illinois in action seeking to recover over $12 million in dealer ad association payments.
Manhattan Motorcars, Inc. v. Automobili Lamborghini S.p.A.
Represented Lamborghini in the Supreme Court of New York in action alleging fraudulent misrepresentations with respect to territory.
Maxwell Volkswagen, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the North Carolina Division of Motor Vehicles in action challenging chargebacks in connection with sales incentive program.
Mazda Motors of America, Inc. v. Jacobs
Represented Mazda in the Circuit Court of Cook County, Illinois in declaratory judgment action to determine rights under dealership relocation agreement.
Miller Auto Sales, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before Virginia Commissioner of Motor Vehicles, trial and appellate courts, and Virginia Supreme Court in action challenging national system of vehicle allocation and distribution.
Molle Automotive Group LLC d/b/a Kansas City Audi v. Audi of America, Inc.
Represented Audi before the Missouri Administrative Hearings Commission on action to terminate dealership for failure to fulfill facility obligations.
Morris & Heyse Motors, Inc. v. DaimlerChrysler Motors Co., LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action to terminate dealership.
Motorsports of Scottsdale, Inc. d/b/a Lamborghini America Scottsdale v. Automobili Lamborghini, S.p.A.
Represented Lamborghini before the Arizona Dept. of Transportation in administrative proceeding for termination of dealership due to breach of dealer agreement.
Nicola Tolve v. Chrysler Motors Corp.
Represented Chrysler in the Circuit Court of DuPage County, Illinois in consumer fraud action.
Norm Wagner Automotive, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in the United States District Court for the District of Massachusetts in action for wrongful termination.
North Shore Volkswagen, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in the United States District Court for the District of Massachusetts in action seeking damages arising out of dealer incentive program.
Olympic Dodge, Inc. v. DaimlerChrysler Motors Co., LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action alleging violation of Illinois warranty reimbursements statues.
Olympic Dodge, Inc. v. DaimlerChrysler Motors Company LLC
Represented Chrysler before the Illinois Motor Vehicle Review Board in action alleging violations of Motor Vehicle Franchise Act.
Park Place Motors, Inc. v. Bentley Motors, Inc.
Represented Bentley before the Washington Office of Administrative Hearings in action to terminate dealership based on failure to meet facility standards.
Parktown Imports, Inc. v. Audi of America, Inc.
Represented Audi before the Missouri Administrative Hearings Commission, Missouri Appellate Court and Missouri Supreme Court in action to enjoin establishment of new dealership in St. Louis County, Missouri.
Petty v. Chrysler Corp.
Represented Chrysler in the Circuit Court of Cook County, Illinois in action alleging unauthorized use of identity in advertising.
Platinum Motors LLC v. Automobili Lamborghini, S.p.A.
Represented Lamborghini before the California New Motor Vehicle Board in administrative proceeding for termination of dealership due to breach of dealer agreement.
Presidential Motors, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the New Hampshire Motor Vehicle Review Board in action to terminate dealership based on unauthorized relocation.
Pugi Kia, Inc. v. Kia Motors America, Inc.
Represented Kia before the Illinois Motor Vehicle Review Board in action to terminate dealer.
Rudas Enterprises, Inc. v. DaimlerChrysler Motors Company LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action alleging violations of the Motor Vehicle Franchise Act.
Rule Volkswagen v. Volkswagen of America, Inc.
Represented Volkswagen before Virginia Commissioner of Motor Vehicles in action challenging national system of vehicle allocation and distribution.
Sales Inc. v. DaimlerChrysler Motors, Co., LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action to terminate dealership based upon breach of franchise agreement.
Schaumburg Automotive, LLC. d/b/a Kia of Schaumburg v. Kia Motors America, Inc.
Represented Kia before the Illinois Motor Vehicle Review Board in a protest action for alleged violation of Motor Vehicle Franchise Act.
Serra Chevrolet, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in the Circuit Court of Jefferson County, Alabama in a state court action (removed to federal court) challenging Volkswagen’s right to reject a buy-sell of a dealership involving a relocation of a franchise into a market serviced by another franchisee.
South Holland Dodge, Inc. v. DaimlerChrysler Motors Company LLC
Represented DaimlerChrysler before the Illinois Motor Vehicle Review Board in action seeking to block the establishment of a successor dealership.
Southeast Signature Motors, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen before the Tennessee Motor Vehicle Commission in action for alleged breach of contract and state law violations in connection with signage requirement and facility incentive program.
Southwest Partners, Inc. v. Kia Motors America, Inc.
Represented Kia before the Illinois Motor Vehicle Review Board in an administrative proceeding to terminate a dealership based upon a franchisee’s failure to conduct business operations.
St. Charles Nissan, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in action to terminate dealership based on failure to maintain adequate facilities.
Sud’s Motor Car Co. v. Volkswagen of America, Inc.
Represented Volkswagen before the Illinois Motor Vehicle Review Board in administrative proceeding challenging Volkswagen’s facility standards with respect to a dealer’s construction of a new facility.
Suzuki Sports Center, Inc. v. Mazda Motor of America, Inc.
Represented Mazda in the United States District Court for the District of Minnesota in action to compel acceptance of buy-sell and relocation.
Thomas Dodge of Orland Park v. Antonio Valasquez, et al.
Represented Chrysler in the Circuit Court of Cook County Illinois in action under the Motor Vehicle Franchise Act.
Towbin Automotive Holdings, Inc. d/b/a Bentley of Las Vegas v. Bentley Motors, Inc.
Represented Bentley before the Nevada Office of Administrative Hearings in action to establish a new dealership in Las Vegas, Nevada.
Victormitchell, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in the United States District Court for the Southern District of Indiana in action to enjoin dealership termination.
Volkswagen of America, Inc. v. Ash Tisdelle
Represented Volkswagen before the Florida Dept. of Administrative Hearings in administrative proceeding seeking to block the relocation of a franchise into a market with existing franchisees.
Volkswagen of America, Inc. v. DeMontrond Buick Co.
Represented Volkswagen in the United States District Court for the Southern District of Texas in action for declaratory judgment to declare rights with respect to right of first refusal to establish new dealership.
Volkswagen of America, Inc. v. King Volkswagen LLC
Represented Volkswagen in the United States Court for the District of Maryland in action to recover damages for defaults in minority dealer loan.
Volkswagen of America, Inc. v. Lindell Motors, Inc.
Represented Volkswagen before the Florida Dept. of Administrative Hearings in an administrative proceeding to establish new dealership in Brandon, Florida.
Volkswagen of America, Inc. v. Pompano Imports, Inc.
Represented Volkswagen before the Florida Dept. of Administrative Hearings in administrative proceeding (and subsequent circuit appeal) filed by two dealers to block the establishment of a new dealership in Coconut Creek, Florida.
Volkswagen of America, Inc. v. Sud’s of Peoria, Inc.
Represented Volkswagen in the United States District Court, Central District of Illinois in a suit to recover on a facilities construction loan, an action involving the scope of the arbitration requirement under the parties’ franchise agreement and the franchisee’s repayment obligation under a diversity loan.
Volkswagen of America, Inc., and Aristocrat Volkswagen East, Inc. v. Classic VW
Represented Volkswagen before the Florida Dept. of Administrative Hearings in action to establish new dealership in Orlando, Florida.
Volkswagen of America, Inc., et al. v. Lokey Oldsmobile, Inc.
Represented Volkswagen before the Florida Dept. of Administrative Hearings in action to establish new dealership in Holiday, Florida.
West Hampton Classic Cars LLC v. Automobili Lamborghini S.p.A.
Represented Lamborghini in the United States District Court for the Eastern District of New York in action to enjoin unauthorized use of trademark.
West Suburban Autoworld LLC v. Volkswagen of America, Inc.
Represented Volkswagen before the Illinois Motor Vehicle Review Board in a protest action for termination of dealership due to breach of dealer agreement.
YBH Sales & Service, Inc. v. Audi of America, Inc.
Represented Audi before the Pennsylvania Board of Motor Vehicle Manufacturers, Dealers and Salespersons in action challenging the establishment of new dealership.
Yolanda Simms v. Northwest Valley Dodge, et al.
Represented Chrysler in the United States District Court for the Northern District of Illinois in consumer fraud action.
Z Frank Volkswagen v. Volkswagen of America, Inc.
Represented Volkswagen in the United States District Court for the Northern District of Illinois in action challenging rejection of buy-sell and relocation request.