Representative Motor Vehicle Matters

Here is a list of our representative motor vehicle litigation experience, grouped alphabetically by state.

Alabama

• DMC Enterprises v. Volkswagen of America, Inc. Represented Volkswagen in state court action alleging state dealer act, contract, and tort claims related to the establishment of a new dealership in Daphne, Alabama.
• Serra Chevrolet, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state court challenge to Volkswagen’s rejection of a proposed buy-sell and relocation.
• Serra Nissan/Oldsmobile, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in protest of audit chargeback for improperly claimed incentive claims.
• Serra Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking damages for alleged market encroachment by adjacent dealer.
• Jeff Sikes, Inc. v. VW Credit, Inc. Represented Volkswagen in federal court action alleging violation of state dealer laws and federal Dealer Day in Court Act.
• Carlock VW v. Volkswagen of America, Inc. Represented Volkswagen in state court action claiming violations of state franchise statute in connection with buy-back of vehicles, parts and signage following voluntary termination.

Arizona

• Cycle Moto, Inc. v. Triumph Motorcycles (America) Ltd. Represented Triumph in state administrative termination protest.
• Berge Service Center, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add point establishment in Chandler, AZ.
• Colson v. Maghami, et al. Represented Lamborghini in federal court action seeking to impose vicarious liability for dealer conduct.
• Kar Kees, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add-point establishment in North Scottsdale, AZ.
• Motorsports of Scottsdale, Inc. d/b/a Lamborghini America Scottsdale v. Automobili Lamborghini, S.p.A. Represented Lamborghini in state court action involving claim of wrongful turn-down of buy-sell agreement.

California

• Marker Oil Co., Inc. d/b/a Marker RV and Power Sports v. BRP US Inc. Represented BRP US, Inc. in state administrative termination protest.
• Dennis Silletto and Associates, Inc. d/b/a Glendora Chrysler Jeep Dodge v. FCA US LLC. Represented FCA US in state administrative protest involving territory change.
• Premier Automotive of Placentia, LLC v. FCA US LLC. Represented FCA US in state administrative protest involving incentive program chargebacks.
• McPeek’s Dodge of Anaheim v. Chrysler Group, LLC. Represented FCA US in state administrative termination protest.
• North County Motorsports, Inc. v. Triumph Motorcycles (America), Ltd. Represented Triumph in state administrative termination protest.
• Calabasas Euro Auto Group, LLC v. Automobili Lamborghini, S.p.A. Represented Lamborghini in state administrative termination protest and related dealer bankruptcy.
• West Coast Acquisitions, LLC d/b/a Bentley San Diego v. Bentley Motors, Inc. Represented Bentley in state administrative termination protest.
• West Coast Acquisitions, LLC d/b/a Bugatti San Diego v. Bugatti Automobiles USA, Inc. Represented Bugatti in state administrative termination protest.
• West Coast Acquisitions, LLC d/b/a Lamborghini San Diego v. Bentley Motors, Inc. Represented Lamborghini in state administrative termination protest.
• Platinum Motors LLC v. Automobili Lamborghini, S.p.A. Represented Lamborghini in state administrative termination protest.
• Rusnak/Pasadena, Bentley Pasadena v. Bentley Motors, Inc. Represented Bentley in state administrative termination protest.
• Pro Italia Motors, Inc. v. Triumph Motorcycles America, Ltd. Represented Triumph in state administrative termination protest.
• Jasmeen Kaur & Richard Mendez v. Royal Enfield. Represented Royal Enfield in state court lemon law/breach of warranty matter.
• Mark Bowers v. Zero Motorcycles Inc. Represented Zero in state court lemon law/breach of warranty matter.

Colorado

• Gebhardt Automotive, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in federal court action challenging termination for failure to meet facility obligations.
• Vidmar Motor Company v. Volkswagen of America, Inc. Represented Volkswagen in federal court termination action.
• Audi of America, Inc. v. Elk Mountain Audi. Represented Audi in action to recover chargeback of facility incentive payments to Colorado dealer.

Connecticut

• Euro Performance Cars, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add-point establishment in Vernon, CT.
• In re West Hartford Volkswagen. Represented Volkswagen in connection with state administrative licensing and relocation issues arising out of opening of dealership.

Florida

• Copans Motors, Inc. v. Porsche Cars North America. Represented Porsche in federal court action challenging termination of dealer agreement based on unauthorized disclosure of trade secrets relating to launch of new model.
• Champion Porsche v. Porsche Cars North America. Represented Porsche in state administrative termination protest.
• Lokey Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of incentive bonus chargeback.
• Reeves Import Motorcars, Inv. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest, and parallel federal action for damages asserting state franchise act and contract claims.
• Volkswagen of America, Inc., and Aristocrat Volkswagen East, Inc. v. Classic VW. Represented Volkswagen in state administrative protest of add-point establishment in Orlando, FL.
• Volkswagen of America, Inc., et al. v. Lokey Oldsmobile, Inc. Represented Volkswagen state administrative protest of add-point establishment in New Port Richey, FL.
• Audi of America, Inc. v. Prestige Motor Car Imports, Inc. Represented Audi in state administrative action and related state court declaratory judgment action involving a termination based on ownership issues.
• Volkswagen of America, Inc. v. Ash Tisdelle. Represented Volkswagen in state administrative protest of dealership relocation.
• Volkswagen of America, Inc. v. Lindell Motors, Inc. Represented Volkswagen in state administrative protest of add-point establishment in Brandon, FL.
• Beach Automotive, Inc. v. Volkswagen. Represented Volkswagen in two state administrative termination protests.
• Deel Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add-point establishment in Miami, FL.
• Volkswagen of America, Inc. v. Pompano Imports, Inc. Represented Volkswagen in two state administrative protests of add-point establishment in Coconut Creek, FL.
• Capital EuroCars v. Audi of America, Inc. Represented Audi in state administrative termination protest.
• In re Copans Motors d/b/a Champion Porsche Audi. Represented Audi in bankruptcy court proceedings involving dealer termination, buy-sell, and bankruptcy claims. Dealership sold to new owner through bankruptcy auction process.
• Napleton v. Volkswagen Group of America, Inc. Represented Audi in federal court action seeking recovery of damages for alleged wrongful rejection of buy-sell.
• KMH Automotive, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest.
• Volkswagen of America, Inc. v. Tom Bush Regency Motors. Represented Volkswagen in state administrative protest of proposed relocation.

Georgia

• Porsche Cars North America, Inc. v. Copans Motors, Inc. Represented Porsche in state court action to recover damages for unauthorized publishing of trade secrets relating to launch of new vehicle model.

Idaho

• B.A. Wackerli Co., Inc. v. Volkswagen Group of America, Inc. Represented Volkswagen and Audi in parallel state administrative termination protests.
• In re B.A. Wackerli Co., Inc. Represented Volkswagen and Audi in bankruptcy court and related proposal to relocate dealership operations.

Illinois

• South Chicago Dodge Chrysler Jeep, Inc. v. FCA US LLC. Represented FCA US in state administrative protest involving supplemental dealership location.

• Fields Jeep Eagle v. Chrysler Corporation. Represented Chrysler in trial, Appellate Court and Illinois Supreme Court in successful constitutional challenge to add-point provisions of Motor Vehicle Franchise Act.

• Napleton Northwestern v. FCA US LLC. Represented FCA US in state administrative action challenging termination of dealer, and defense of incentive program.
• Joe Rizza Porsche v. Porsche Financial Services, Inc. Represented Porsche Financial in state court action seeking damage and injunctive relief under state franchise and common law, based on actions taken to enforce rights under financial services agreement.
• CJVD International, Ltd. v. Bentley Motors, Inc. Represented Bentley in state court action involving dispute with services supplier.
• Downers, Inc. v. Bentley Motors, Inc. Represented Bentley in state administrative termination protest.
• Schaumburg Automotive, LLC d/b/a Kia of Schaumburg v. Kia Motors America, Inc. Represented Kia in state administrative action alleging violations of franchise act.
• Kramer v. Stelter, et al. Represented Kia in federal court action asserting claims under the Racketeer Influenced and Corrupt Organizations Act.
• In re Majesky Automotive Group, Inc. Represented Volkswagen in dealership bankruptcy and dealership termination.
• Mancari’s Chrysler Jeep, Inc. v. Chrysler LLC. Represented Chrysler in state court action seeking to recover over $12 million in dealer ad association payments.
• Sud’s of Peoria v. Mercedes Benz USA LLC. Represented Mercedes Benz in state administrative termination protest.
• West Suburban Autoworld LLC v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest.
• Lynch Chrysler-Jeep, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative action alleging violations of franchise act.
• Olympic Dodge, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in administrative action alleging violations of franchise act.
• Pugi Kia, Inc. v. Kia Motors America, Inc. Represented Kia in state administrative termination protest.
• RBS Citizens Bank v. Bentley Motors, Inc. Represented Bentley in state court action involving competing claims to funds held on behalf of dealer.
• Rush Motors, Inc. v. Automobili Lamborghini America, LLC. Represented Lamborghini in state administrative termination protest.
• Tahir v. Bentley Motors, Inc., et al. Represented Bentley in federal court action involving consumer attempt to impose vicarious liability upon manufacturer.
• Batchtown Motor Co. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative termination protest.
• Federico Chrysler Dodge v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative action alleging violations of franchise act.
• Morris & Heyse Motors, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative termination protest.
• Rudas Enterprises, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative action alleging violations of franchise act.
• South Holland Dodge, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative protest seeking to block the establishment of a successor dealership.
• In re West Suburban Imports, Inc. Represented Volkswagen as creditor in bankruptcy court proceeding.
• Blank v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state court action to determine rights under dealership buy-sell agreement and right of first refusal provision.
• Sud’s Motor Car Co. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action challenging facility standards, and in related federal court action involving repayment obligations under facilities construction and diversity dealer program.
• Southwest Partners, Inc. v. Kia Motors America, Inc. Represented Kia in state administrative termination protest.
• Anderson Motor Co. v. Mazda Motors of America, Inc. Represented Mazda in state administrative termination protest involving inadequate sales performance.
• Highland Park Chrysler, Inc. v. Volvo Cars of North America, LLC. Represented Volvo in state administrative termination protest involving inadequate sales performance and breach of facilities requirements.
• Jacobs Twin v. Mazda Motors of America, Inc. Represented Mazda in state administrative action alleging violations of franchise act involving enforcement of a facility development agreement.
• Lynch Chrysler, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative action alleging violation of warranty reimbursement statute.
• Mazda Motors of America, Inc. v. Jacobs Mazda. Represented Mazda in state court action seeking declaratory judgment to determine rights under dealership relocation agreement.
• Olympic Dodge, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative action alleging violation of warranty reimbursement statute.
• Sales Inc. v. DaimlerChrysler Motors, Company LLC. Represented DaimlerChrysler in state administrative termination protest.
• Family First, Inc., v. Kia Motors America, Inc. Represented Kia in state administrative termination protest involving dealer’s failure to comply with brand standards.
• Mark Motors, Inc. v. Mercedes Benz USA, LLC. Represented Mercedes-Benz in state administrative protest of add-point establishment.
• Foley Dodge, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in state administrative action alleging violations of franchise act.
• DaimlerChrysler Motors Company LLC v. Viking Dodge, Inc. Represented DaimlerChrysler in federal court action involving alleged violations of franchise act.
• Knauz Motor Sales, Inc. v. DaimlerChrysler Motors Company LLC. Represented DaimlerChrysler in federal court action challenging unauthorized relocation of dealership premises.
• Thomas Dodge of Orland Park v. Antonio Valasquez, et al. Represented Chrysler in state court action involving alleged violations of franchise act.
• Yolanda Simms v. Northwest Valley Dodge, et al. Represented Chrysler in federal court actions alleging consumer fraud.
• Nicola Tolve v. Chrysler Motors Corp. Represented Chrysler in state court action alleging consumer fraud.
• Thomas Petty v. Chrysler Motors Corp. Represented Chrysler in state court action alleging unauthorized use of identity in advertising.
• V.J. Car Care Center v. American Isuzu Motors, Inc. Represented Isuzu in state court action for damages and rescission of transfer of automobile franchise.
• Hamilton v. Chrysler Corporation. Represented Chrysler in the trial court and Illinois Appellate Court in successful defense of action seeking $8 million in damages for wrongful termination of franchise.
• In re Harvey Chrysler Plymouth. Represented Chrysler as creditor in bankruptcy. Negotiated for the release of collateral securing floor plan loan, in the process avoiding threatened national boycott of manufacturer’s products.
• Jeep Eagle Corporation v. Harris Motors, Inc. Represented Chrysler in successful and precedent-setting federal court action to recover damages for fraud in connection with fraudulent warranty claims.
• DBC Corporation v. Chrysler Corporation. Represented Chrysler in federal court action seeking $3 million in damages for encroachment and unlawful allocation.
• Fireside Chrysler Plymouth v. Chrysler Corporation. Represented Chrysler in leading case preventing retroactive application of market encroachment amendment to franchise act. Case precedent led to successful defenses in a series of additional establishment actions.
• Sciarabba v. Chrysler Corporation. Represented Chrysler in state court action alleging wrongful termination. Termination upheld.
• Z. Frank Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in federal court action challenging rejection of proposed buy-sell and dealership relocation.
• Curfin Investments Inc. d/b/a Curry Motors of Forest Park. Represented Chrysler in state court action challenging allocation and incentive programs.
• Ed Napleton Dodge, Inc. v. Chrysler LLC. Represented Chrysler in state administrative action challenging denial of a request for relocation.
• Lefta, Inc. d/b/a Premiere Chrysler/Jeep v. Chrysler Motors LLC. Represented Chrysler in federal court action challenging dealership consolidation program.
• Lefta, Inc. v. Chrysler Motors LLC. Represented Chrysler in state court action challenging allocation program.
• Volvo Cars of North America, LLC. v. Grossinger Autoplex, Inc. Represented Volvo in federal court action involving enforcement of market consolidation agreement.
• Patson, Inc. d/b/a TransChicago Truck Group v. Rosenbauer South Dakota LLC and Rosenbauer Minnesota, LLC. Represented Rosenbauer entities in state administrative termination protest.
• VW Credit, Inc. v. Full Throttle and Robert Gerdes. Represented VW Credit in state court matter involving improper storage fees and conversion of vehicle.

Indiana

• Victormitchell, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking to enjoin a closed-door termination.
• Kjaer v. Chrysler Corporation. Represented Chrysler in federal court action alleging violations of a state franchise act and federal civil rights statutes.

Louisiana

• Premier Automotive Products LLC d/b/a Premier Chrysler Jeep Dodge RAM v. FCA US LLC. Represented FCA US in state administrative protest involving incentive program chargebacks.
• Courtesy Automotive Group, Inc. v. FCA US LLC. Represented FCA US in state administrative action involving a dispute over warranty audit chargebacks.
• Southpoint Volkswagen v. VW Credit, Inc. Represented VW Credit in state administrative challenge to policies relating to GAP insurance contracts.
• In re Baton Rouge Establishment. Represented Volkswagen in state administrative protest of add-point establishment in Baton Rouge, LA.
• Southpoint Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action challenging vehicle allocations and new dealer establishment.
• Dohmann v. FCA US LLC. Represented FCA US in state administrative action involving a dispute over territory reassignment.
• Bensco One LLC v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking damages for wrongful termination arising out of loss dealership facility in Hurricane Katrina.
• In re Southwest Volkswagen. Represented Volkswagen in state administrative action challenging the legality of standard dealer agreement documents.
• Bergeron Motors, Inc. d/b/a Bergeron Chrysler Dodge Jeep RAM v. FCA US LLC and Ray Brandt Dodge, Inc. d/b/a Ray Brandt Dodge Chrysler Jeep RAM v. FCA US LLC. Represented FCA US in state administrative protests of add-point establishment in New Orleans, LA.
• Mark Dodge Chrysler, Jeep, LLC d/b/a Mark Dodge v. FCA US LLC. Representing FCA in state administrative protests of add-point establishment in Sulphur, LA and related geography changes.

Maryland

• Volkswagen of America, Inc. v. Russel Automotive, Inc. Represented Volkswagen in federal court action seeking declaratory judgment to confirm statutory and contractual rights to reject proposed dealership transfer.
• In the Matter of College Park Motor Cars, Inc. d/b/a Darcars Volkswagen. Represented Volkswagen in state administrative termination protest.
• Volkswagen of America, Inc. v. King Volkswagen LLC. Represented Volkswagen in federal court action seeking recovery of damages for default on dealer loan.
• Heritage Oldsmobile-Imports, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking to enjoin establishment of new dealership.
• Martens Cars of Washington, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action challenging warranty reimbursement policy.
• Congressional Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action challenging warranty reimbursement policy.

Massachusetts

• Volkswagen of America, Inc. v. U.S. Auto Group of Massachusetts, Ltd. Represented Volkswagen in federal court action seeking declaratory and injunctive relief to enforce termination of dealer for failure to construct a new facility per dealer agreement addendum.
• DeLuca v. FCA US LLC. Represented FCA US in federal court action involving dealer termination.
• North Shore Volkswagen, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking damages arising out of dealer incentive program.
• Norm Wagner Automotive, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in federal court action alleging wrongful termination.
• South Shore Imported Cars, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in federal court action and appeal involving a lost floor plan termination and a dealership transfer proposed after notice of termination but before effective date of termination.

Michigan

• Zekelman v. Suburban Motors Co. and Bugatti Automobiles SAS. Represented Bugatti in state court action alleging breach of contract.
• Albion Motors, Inc. v. Chrysler Group, LLC. Represented Chrysler in federal court action challenging Chrysler’s rejection of request to relocate dealership.

Minnesota

• Suzuki Sports Center, Inc. v. Mazda Motor of America, Inc. Represented Mazda in federal court action seeking to compel Mazda to approve proposed dealership transfer and relocation.
• Mazda Motor of America, Inc. d/b/a Mazda North American Operations v. Suzuki Sports Center, Inc. f/d/b/a Modern Mazda. Represented Mazda in federal court action seeking declaratory judgment that Mazda had no further obligations to Modern Mazda after failed buy-sell.
• Associated Bank v. Chesley Trucks. Represented Hino Trucks in dealership receivership action involving dealer termination.

Mississippi

• Volkswagen of America, Inc. v. Mandal Volkswagen. Represented Volkswagen in state administrative termination protest.

Missouri

• Asbury Automotive St. Louis LLC d/b/a Audi Creve Coeur v. Audi of America, Inc. Represented Audi in state administrative protest regarding proposed dealer relocation.
• Donelson Cycles, Inc. v. Triumph Motorcycles (America) Ltd. Represented Triumph in state administrative termination protest involving poor sales performance.
• Molle Automotive Group LLC d/b/a Kansas City Audi v. Audi of America, Inc. Represented Audi in state administrative termination protest involving failure to fulfill facility obligations.
• Parktown Imports, Inc. v. Audi of America, Inc. Represented Audi in state administrative action and appeals, including appeal to Missouri Supreme Court, in action seeking to enjoin establishment of new dealership in St. Louis County.
• St. Charles Nissan, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest involving failure to maintain adequate facilities.

Nebraska

• Metropolitan Lincoln-Mercury, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add-point establishment in Omaha, NE.

Nevada

• Allison Automotive Group, Inc. v. Volkswagen Group of America. Represented Volkswagen in federal court action alleging violations of franchise act and breaches of the implied covenant of good faith and fair dealing.
• In the Matter of JRJ Investments, Inc. d/b/a Desert Volkswagen. Represented Volkswagen in state administrative protest of add-point establishment in Las Vegas, NV.
• Towbin Automotive Holdings, Inc. d/b/a Bentley of Las Vegas v. Bentley Motors, Inc. Represented Bentley in state administrative termination protest.
• Allison Automotive Group v. Volkswagen Group of America, Inc. Represented Audi in Chapter 11 bankruptcy proceedings involving franchise act claims against Audi and sale of franchise.

New Hampshire

• In re White Mountain Volkswagen LLC d/b/a Manchester Volkswagen. Represented Volkswagen in state administrative termination protest.
• Presidential Motors, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest involving unauthorized relocation.

New Jersey

• Foulke Management Corp v. Audi of America, Inc. Represented Audi in a state court jury trial of dealer’s claims protesting termination and seeking damages based on a variety of claims.
• Kerbeck Cadillac Pontiac Chevrolet, Inc. v. Bentley Motors, Inc. Represented Bentley in federal court action seeking damages in connection with Bentley’s termination of the Rolls-Royce line-make.
• H&D Linden Motors, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add-point establishment.
• Volkswagen of America, Inc. v. Catanese Volkswagen, Inc. Represented Volkswagen in state court action to block unauthorized operations at additional site.
• Classic Motor Car Co. d/b/a Lamborghini Bergen County v. Automobili Lamborghini America. Represented Lamborghini in state court termination action. Summary judgment for Lamborghini.
• Newton Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state court action challenging termination of dealership. Summary judgment in favor of Volkswagen.
• Altomare Auto Group, LLC v. Volkswagen of America, Inc. Represented Volkswagen in state court action seeking damages and other relief for alleged violations of franchise act.
• East Coast Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state court action seeking damages for alleged violations of franchise act.
• Volkswagen of America, Inc. v. East Coast Volkswagen. Represented Volkswagen in state court action seeking damages for breach of contract.

New Mexico

• University Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking to enjoin establishment of new dealer in Albuquerque, NM.

New York

• CMS Volkswagen Holdings, LLC v. Volkswagen of America, Inc. Represented Volkswagen in federal court action alleging price discrimination and other claims based on national vehicle incentive program.
• Mohegan Lake Audi v. Audi of America, Inc. Represented Audi in federal court price discrimination action under state and federal statutes.
• Legend Autorama v. Volkswagen Group of America. Represented Audi in federal court action alleging state law price discrimination and breach of contract in connection with dealer incentive program.
• JJM Automotive, LLC v. Volkswagen Group of America; Luxury Autos of Huntington, Inc. v. Volkswagen Group of America, Inc. Represented Audi in related state court actions alleging statutory and contract claims regarding vehicle allocation and the proposed establishment of a new dealership in Westbury, NY.
• Audi of Smithtown, Inc. v. Volkswagen of America, Inc. d/b/a Audi of America, Inc. Represented Audi in state court action alleging state law price discrimination arising out of dealer incentive program.
• Koeppel v. Volkswagen of America, Inc. Represented Volkswagen in action by former owner claiming conspiracy to convert ownership interest to co-owners.
• In re Champion Motor Group, Inc. Represented Bentley and Lamborghini in dealer bankruptcy proceeding.
• Westhampton Classic Cars LLC v. Automobili Lamborghini S.p.A. Represented Lamborghini in federal court action seeking to enjoin unauthorized use of trademark and other claims relating to dealer operations and territory.
• Legend Autorama Ltd. v. Audi of America, Inc. Represented Audi in state court action for damages and injunctive relief arising out of establishment of new dealership in West Islip, NY.
• Manhattan Motorcars, Inc. v. Automobili Lamborghini S.p.A. Represented Lamborghini in state court action alleging fraudulent misrepresentations and other claims with respect to territory and federal court action relating to dealer appointment.
• Compass Motors v. Volkswagen of America, Inc. Represented Volkswagen in state court action challenging dealer termination and alleging unfair allocation.
• Classic Automobiles, Inc. v. Audi of America, Inc. Represented Audi in New York federal court price discrimination claim challenging national vehicle incentive program.

North Carolina

• Maxwell Volkswagen, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action challenging incentive program chargeback.

• Volkswagen Group of America, Inc. v. Southern States Volkswagen, LLC. Represented Volkswagen in action seeking damages in connection with false incentive claims.
• Autosports Volkswagen, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add point establishment in Charlotte, NC.
• In re Hickory Automotive Group, Inc. Represented Volkswagen in state administrative termination protest and related litigation over proposed buy-sell.
• Keffer Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative protest of add-point establishment in Concord, NC.

Ohio

• Northgate Chrysler Dodge Jeep, Inc. v. FCA US LLC. Represented FCA in state administrative protest of add-point establishment in Cincinnati, OH.
• GB AZ 1, LLC v. Arizona Motors, LLC/Arizona Motors v. Volkswagen of America, Inc. Represented Volkswagen and VW Credit in state and federal court actions alleging contract and federal civil rights claims relating to a proposed Volkswagen establishment in Peoria, AZ.
• Beechmont Audi, Inc. v. Audi of America, Inc. Represented Audi in Ohio federal court action alleging price discrimination under the Robinson-Patman Act, federal Automobile Dealers Day in Court Act, and state franchise act.
• Ganley Westside Imports, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest involving unauthorized use of a competing dealer’s customer database.
• Jason Stiefel v. Zero Motorcycles Inc. Represented Zero in state court lemon law/breach of warranty and Magnuson-Moss Warranty Act action.
• Adventure Chrysler Jeep Ram Dodge v. FCA US LLC. Represented FCA in internal appeal regarding chargebacks of fraudulent and/or unsubstantiated warranty claims.

Pennsylvania

• Kissell Motorsports, Inc. v. Triumph Motorcycles (America) Ltd.; Worldwide, Inc. v. Triumph Motorcycles (America) Ltd. Represented Triumph in consolidated administrative action brought by two dealers seeking to invalidate Triumph programs under state statute.
• Thompson Auto Sport, LLC v. Audi of America, Inc. Represented Audi in state administrative protest involving chargeback of incentive monies following dealer’s failure to fulfill facility construction obligations.
• Chapman v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action involving breach of a facility agreement and attempt to recoup facility funds.
• Holbert’s, Inc. d/b/a Holbert’s Audi v. Audi of America, Inc. Represented Audi in administrative action alleging price discrimination under vehicle incentive program.
• Holbert’s Inc. d/b/a Hobert’s Audi v. Audi of America, Inc. Represented Audi in administrative action concerning exercise of right of first refusal by Audi.
• Holbert’s Inc. f/k/a Hobert’s Audi, Laurence M. Holbert, and Jean D. Holbert v. Audi of America, Inc. Represented Audi in federal court action seeking damages due to Audi’s exercise of right of first refusal.
• YBH Sales & Service, Inc. v. Audi of America, Inc. Represented Audi in state administrative protest of add-point establishment in Ardmore, PA.

South Carolina

• Low Country Volkswagen LLC v. Volkswagen of America, Inc. Represented Volkswagen in federal court action seeking $8 million in damages for alleged coercion in connection with dealer’s obligation to build facility. Jury verdict entered for Volkswagen on all counts.

Tennessee

• Southeast Signature Motors, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action alleging violation of state law in connection with enforcement of signage and facility requirements and related action involving termination of dealer agreement.
• Gossett Porsche v. Porsche Cars North America. Represented Porsche in protest to default over failure to comply with facility standards.
• Harper Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in multi-faceted protest involving dealer performance issues, territory reduction and dealer add-point.

Texas

• Buddy Ferguson recently joined Barack Ferrazzano with over 30 years of experience handling matters in the Southwest. In Texas, he has been involved in over 50 cases involving add-points and relocations as well as over 25 cases involving terminations, modifications of dealer agreements, defense of incentive or warranty audits as well as bonus programs. For the sake of brevity, we have not included his cases, but suffice it to say that Barack Ferrazzano has more experience in the Lone Star State than any other law firm representing manufacturers and distributors before the Texas Department of Motor Vehicles.
• Overseas Parts Distributing, Inc. v. D’Moto. Represented Triumph in state administrative action of add-point establishment.
• Autobahn Imports LP v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action alleging discrimination with respect to dealer incentive programs.
• Hoy-Fox Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative challenge to facility incentive program.
• Budget Leasing v. Porsche Cars North America et al. Represented Porsche in protest of turn-down of buy-sell.
• Autobahn Imports LP v. Volkswagen of America, Inc. (Finance Incentives) Represented Volkswagen in state administrative action challenging incentive program of captive finance company.
• Autobahn Imports LP v. Volkswagen of America, Inc. (Warranty Reimbursement) Represented Volkswagen in state administrative action seeking warranty labor rate increase.
• Volkswagen of America, Inc. v. DeMontrond Buick Co. Represented Volkswagen in federal court action for declaratory judgment with respect to right of first refusal to establish new dealership.
• Airway Properties Operators LP v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action by five dealers challenging national brand standards and incentive programs.
• Albert Berry Motors, Inc., et al. v. Hayes-Franklin Auto Center, LLC. Represented Audi in state administrative protest of add point establishment in Houston, TX.
• Archer Dodge, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in administrative action challenging vehicle allocation.
• North Park Volkswagen v. Ancira Volkswagen Subaru Kia. Represented Volkswagen in state administrative protest of add-point establishment in West San Antonio, TX.
• Charles Maund Imports, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action seeking reimbursement for improperly documented warranty work.
• Hewlett Volkswagen, Inc. v. Charles Maund Imports, Inc. Represented Volkswagen in state administrative protest of add-point establishment in Austin, TX.
• LVW Auto Investors, L.P. v. Metro Volkswagen. Represented Volkswagen in state administrative protest of add-point establishment in Dallas, TX.

Utah

• Mountain West Truck Company v. Hino Trucks. Represented Hino in state administrative termination protest involving poor sales performance.
• Hadley Investment LLC d/b/a Bentley Salt Lake City v. Bentley Motors Inc. Represented Bently in state administrative termination protest involving multiple issues, including poor sales performance, failure to build facility and move from temporary location, and floor plan issues.
• Ken Garff Audi v. Audi of America, Inc. Represented Audi in state administrative
  action involving challenge to brand standards and naming convention.

Virginia

• Karen Correia Radley, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action seeking reimbursement for improperly documented warranty service.
• Miller Auto Sales, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in trial, appellate and state supreme courts in successful constitutional challenge to state allocation statute.
• Rule Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action challenging national vehicle allocation program.
• Len Stoler, Inc. v. Volkswagen Group of America, Inc. Represented Audi of America in federal suit alleging multiple statutory violations and common law claims.
• Stephen Day v. Zero Motorcycles Inc. Represented Zero in state court lemon law, breach of warranty and consumer fraud action.

Washington

• Park Place Motors, Inc. v. Bentley Motors, Inc. Represented Bentley in state administrative termination protest involving dealer’s failure to meet facility standards.
• Hanson Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in state administrative termination protest involving poor sales performance.

Wisconsin

• Russ Darrow Dodge, Inc. v. FCA US, LLC. Represented FCA US in state administrative protest of add-point establishment.
• Don Miller Mazda v. Mazda Motor of America, Inc. Represented Mazda in state administrative protest of add-point establishment in Madison, WI.
• Bergstrom Imports Milwaukee, Inc. v. Chrysler Group LLC. Represented Chrysler in federal court action seeking damages and injunctive relief based on launch of FIAT brand in US. Obtained decision dismissing action in its entirety with prejudice.
• Everhardt-O’Leary Motors, Inc. v. Volkswagen of America, Inc. Represented Volkswagen in state administrative action involving buy-sell and relocation request.
• Capitol Imports v. Audi of America, Inc. Represented Audi in federal court action challenging rejection of buy-sell.
• Dodge City of Milwaukee v. Chrysler Corporation. Represented Chrysler in state administrative protest of add-point establishment in Milwaukee, WI.
• Doucas Volkswagen v. Volkswagen of America, Inc. Represented Volkswagen in federal court action brought by dealer to enjoin its termination based upon loss of facility lease.
• In re Wisconsin Dealers Association. Represented Chrysler in state administrative action brought by Wisconsin Dealer Association challenging mandatory arbitration clauses in national dealer agreement.
• Russ Darrow Group d/b/a Russ Darrow Chrysler Jeep Dodge of Madison v. FCA. Represented FCA in internal matter regarding chargebacks of fraudulent warranty claims.

West Virginia

• Bert Wolfe, Inc. v. Audi of America, Inc. Represented Audi in federal court action challenging notice of default. 

Wyoming

• Ray Powders Volkswagen Audi, Inc. v. Audi of America, Inc. Represented Audi in federal court action alleging unfair allocation.