News & Analysis as of

Breach of Contract Automotive Industry

Fenwick & West LLP

Ninth Circuit Pumps Brakes on Character Copyright Claim over Action Movie Car

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In a new precedential decision, the Ninth Circuit Court of Appeals held in Carroll Shelby Licensing, Inc. v. Halicki that “Eleanor,” a stable of Ford Mustangs that appears across four action films, is not a copyrightable...more

Foley & Lardner LLP

Court Relies on Contractual Terms to Dismiss Dealership Suit Against Auto Manufacturer

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Decozen Chrysler Jeep Corp. (“Decozen”), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC (“FCA”), in U.S. District Court for the District of New Jersey alleging that FCA...more

Miller Canfield

Using International Arbitration to Resolve Retaliatory Tariff Disputes in Global Supply Chains

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As trade tensions rise, retaliatory tariffs are disrupting global supply chains—particularly in the automotive industry and other manufacturing sectors. These unexpected costs are sparking disputes over who should bear the...more

Foley & Lardner LLP

Federal Court Rejects FCA’s “65%-100%” Language as Insufficient to Constitute the Necessary Quantity Term in a Requirements...

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A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more

A&O Shearman

Cap-tivating: what is caught by a liability cap?

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The Court of Appeal's recent judgment in Topalsson v Rolls-Royce looks at how the set-off of counterclaims should be addressed as well as interest when it comes to liability caps....more

Foley & Lardner LLP

Key Issues for Suppliers to Consider in Preparing for an Impending Strike by the UAW

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The United Auto Workers (UAW) Union’s contracts with General Motors, Ford, and Stellantis are set to expire on September 14, 2023. Concerns are growing among the automotive supply base about the impact of a walkout by UAW...more

McGlinchey Stafford

Is My Contract Void? - McGlinchey Commercial Law Bulletin - October 11, 2022

McGlinchey Stafford on

Ohio- Implied Warranty Banks v. Shark Auto Sales LLC, 11th Dist. Trumbull, No. 2022-Ohio-3489- In this appeal, the Eleventh Appellate District reversed the trial court’s judgment in favor of the plaintiff on her vehicle...more

Bennett Jones LLP

Ontario Superior Court Limits Potential Class Action Entitlement for Pure Economic Loss

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While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification...more

Snell & Wilmer

Service Contracts Are Not Express Warranties Under the Song-Beverly Consumer Warranty Act

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In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise...more

Shook, Hardy & Bacon L.L.P.

Tesla Seeks Inspection Of Former Employee’s Cloud Storage Accounts – Lawsuit Highlights The Need For Diligent Security Efforts By...

In a recently developing story, on June 20, 2018, automaker and renewable energy giant Tesla filed suit against its now former employee Martin Tripp in the U.S. District Court for the District of Nevada. ...more

Foley & Lardner LLP

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

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Although U.S. patent law has long-established limits on enforcement after a patented product has been sold, the technological innovations may put a bulls-eye on the automotive industry for patent litigation. However, when...more

Goodwin

Business Litigation Reporter - February 2015

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Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

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