§Why CasetextPricing

Beck Chevrolet Co., Inc., Appellant,v.General Motors LLC, Respondent.

Brief

59 Cited authorities

  1. Shelby Cnty. v. Holder

    570 U.S. 529 (2013)   Cited 337 times   4 Legal Analyses
    Holding the 2006 preclearance coverage formula unconstitutional

  2. New Motor Vehicle Bd. of Cal. v. Orrin W. Fox Co.

    439 U.S. 96 (1978)   Cited 223 times
    Recognizing State interest in regulating dealer-manufacturer relationship

  3. Vaughn v. Air Line Pilots

    377 F. App'x 88 (2d Cir. 2010)   Cited 223 times
    Holding that to state a duty of fair representation claim, a plaintiff must allege "a causal connection between the union's [alleged] wrongful conduct and [the union member's] injuries"

  4. Interpharm Inc. v. Bank

    655 F.3d 136 (2d Cir. 2011)   Cited 159 times
    Holding that, in a breach of contract action, the document on which the complaint is based is "by definition [] integral to the complaint"

  5. Engel v. CBS, Inc.

    93 N.Y.2d 195 (N.Y. 1999)   Cited 182 times
    Holding that the special injury requirement in wrongful civil proceedings does not require the actual imposition of a provisional remedy; what is required is "some concrete harm that is considerably more cumbersome than the physical, psychological or financial demands of defending a lawsuit"

  6. Arciniaga v. General Motors Corp.

    460 F.3d 231 (2d Cir. 2006)   Cited 137 times
    Holding arbitration clause in one contract did not apply to a related agreement because the parties to the two contracts were different, and the agreements were not mutually dependent, did not reference each other, and served different purposes

  7. Hoag v. Chancellor, Inc.

    246 A.D.2d 224 (N.Y. App. Div. 1998)   Cited 150 times
    Alleging that individual tortfeasors gained as they received fees that plaintiffs would have received

  8. U.S. v. Perez-Frias

    636 F.3d 39 (2d Cir. 2011)   Cited 84 times
    Holding that Section 2L1.2 was properly adopted pursuant to usual procedures and rejecting policy challenge where the district court arrived at the sentence after application of § 3553 factors

  9. B F Bldg. Corp. v. Liebig

    76 N.Y.2d 689 (N.Y. 1990)   Cited 123 times
    In B F Bldg. Corp. v. Liebig (76 N.Y.2d 689) and in Mortise v. 55 Liberty Owners Corp. (63 N.Y.2d 743, affd forreasons stated at 102 A.D.2d 719), the Court of Appeals held that home improvement contractors who had not secured the license required by a local New York City law were not entitled to recover damages for breach of contract.

  10. Petereit v. S.B. Thomas, Inc.

    63 F.3d 1169 (2d Cir. 1995)   Cited 107 times
    Holding that a constructive termination claim requires proof of a "substantial decline in franchisee net income"

  11. Section 463 - Unfair business practices by franchisors

    N.Y. Veh. & Traf. Law § 463   Cited 51 times   2 Legal Analyses
    Providing that a franchisor may not "refuse to accept a return of" a terminated franchisee's inventory and must pay fair and reasonable compensation when repurchasing the inventory

  12. Section 1226 - Motor vehicle franchise contract dispute resolution process

    15 U.S.C. § 1226   Cited 35 times
    Requiring separate consent in writing to arbitrate after a dispute arises, notwithstanding any arbitration clause in a franchise agreement

  13. Section 460 - Legislative findings

    N.Y. Veh. & Traf. Law § 460   Cited 27 times

    The legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare and in the exercise of its police power, it is necessary to regulate motor vehicle manufacturers, distributors and factory or distributor representatives and to regulate dealers of motor vehicles doing business in this state in order

  14. Section 218.0116 - [Effective Until 1/1/2025] Licenses, how denied, suspended or revoked

    Wis. Stat. § 218.0116   Cited 25 times

    (1) A license may be denied, suspended or revoked on the following grounds: (a) Proof of unfitness. (am) Material misstatement in application for license. (b) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue. (bm) Willful failure to comply with any provision of ss. 218.0101 to 218.0163 or any rule or regulation promulgated by the licensor under ss. 218.0101 to 218.0163. (c) Willfully defrauding any retail buyer, lessee or prospective

  15. Section 8-20-4 - Unfair and deceptive trade practices

    Ala. Code § 8-20-4   Cited 12 times

    Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise, the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to coerce or attempt to coerce any motor vehicle

  16. Section 80E.13 - UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS, FACTORY BRANCHES

    Minn. Stat. § 80E.13   Cited 11 times

    It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch to engage in any of the following practices directly or through an entity that it controls or is controlled by: (a) delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in reasonable time and in reasonable quantity relative to the new motor vehicle dealer's facilities and sales potential in the dealer's relevant market area, after having accepted an order from a new motor

  17. Section 60-1420 - Franchise; termination; noncontinuance; change community; hearing; when required

    Neb. Rev. Stat. § 60-1420   Cited 8 times

    (1) Except as provided in subsection (2) or (3) of this section, no franchisor shall terminate or refuse to continue any franchise or change a franchisee's community unless the franchisor has first established, in a hearing held pursuant to section 60-1425, that: (a) The franchisor has good cause for termination, noncontinuance, or change; (b) Upon termination or noncontinuance, another franchise in the same line-make will become effective in the same community, without diminution of the franchisee's

  18. Section 357-C:3 - Prohibited Conduct

    N.H. Rev. Stat. § 357-C:3   Cited 5 times

    It shall be deemed an unfair method of competition and unfair and deceptive practice for any: I. Manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative or motor vehicle dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage to any of such parties or to the public; I-a. Person not a new motor vehicle dealer to represent that he is a new motor vehicle dealer, to advertise a vehicle for sale

  19. Section 4097 - Manufacturer violations

    Vt. Stat. tit. 9 § 4097

    It shall be a violation of this chapter for any manufacturer defined under this chapter: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time, and in reasonable quantity relative to the new motor vehicle dealer's facilities and sales potential in the new motor vehicle dealer's relevant market area, after acceptance of an order from a new motor vehicle dealer having a franchise for the retail sale of any new motor vehicle sold or

  20. Section 10-1-663 - Advertising campaigns; change in capital structure or ownership; manner of distribution; increased prices; discrimination; unreasonable restrictions or changes

    Ga. Code § 10-1-663

    (a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations, or materials at the expense of the dealer; or (2) To change or refrain from changing the capital structure or ownership of the dealer or the means by or through which the dealer finances the operation of the dealership, provided