The BFKN Litigation Group served as legal counsel to Audi of America, Inc. (“Audi”) and Volkswagen of America, Inc. (“VW”), in a victory for Audi and VW in their long-running case against two motor vehicle dealer groups who sought to avoid Audi and VW’s respective rights of first refusal over dealership and real estate assets in a multi-dealership buy-sell transaction.
Last month, for the third time in the case, Audi prevailed before the U.S. Court of Appeals for the Third Circuit. In the first appeal, Audi obtained dismissal of the buyers’ and sellers’ interlocutory appeal of a preliminary injunction order entered against them. In the second appeal, the Third Circuit affirmed Audi’s summary judgment win on all claims asserted by the prospective buyers, including four counts of tortious interference. Finally, in the third appeal, the Third Circuit affirmed the district court’s post-judgment order voiding a new buy-sell agreement between sellers and buyers, and prohibiting the prospective buyers from ever acquiring the Audi and VW dealerships in the future.
BFKN served as lead counsel to Audi and VW. BFKN's legal team was led by Owen H. Smith and Brandon C. Prosansky, with significant contributions from Michael S. Elvin, Steven J. Yatvin, James R. Vogler, Carrie Sear Rummans, Michael Educate, David B. Lurie, and Carmel I. Dooling.