Obtained dismissal of claims relating to alleged dealer act violations for DaimlerChrysler.
Bloomington Chrysler v. DaimlerChrysler
(D. Minn. 2005)
This litigation arose out of a neighboring dealer's challenge to our client's grant of a series of dealer relocations within exemptions to the Minnesota dealer act. In addition to claiming our client violated the dealer act by intentionally evading the dealer's notice and protest rights, the dealer claimed breach of contract, and fraudulent and negligent misrepresentation. The court granted our client's motion to dismiss the alleged dealer act violations because our client's alleged intent to circumvent the dealer act did not amount to a valid claim of a statutory violation. The court also dismissed the negligent misrepresentation claim on the ground that our client owed no duty to the dealer that would give rise to such a claim.