An automobile dealer may bring suit against any automobile manufacturer engaged in commerce, in any district court of the United States in the district in which said manufacturer resides, or is found, or has an agent, without respect to the amount in controversy, and shall recover the damages by him sustained and the cost of suit by reason of the failure of said automobile manufacturer from and after August 8, 1956, to act in good faith in performing or complying with any of the terms or provisions of the franchise, or in terminating, canceling, or not renewing the franchise with said dealer: Provided, That in any such suit the manufacturer shall not be barred from asserting in defense of any such action the failure of the dealer to act in good faith.
Notes of Decisions
East Ford, Inc. v. Taylor, 826 So. 2d 709 (Miss. 2002).
“See 15 U.S.C. § 1222 (1997). By the same token, individuals and small businesses should be afforded the same rights.”
Sunrise Toyota, Ltd. v. Toyota Motor Co., 55 F.R.D. 519 (S.D.N.Y. 1972).
· cites it 5× “§ 15 (§ 4 of the Clayton Act), on 15 U.S. C. § 1222 for the Automobile Dealers’ Day in Court Act claims, and on 28 U.”
Lockwood Motors, Inc. v. Gen. Motors Corp., 162 F.R.D. 569 (D. Minnesota 1995).
· cites it 2× “members are so numerous that joinder is impracticable; (2) its claims are typical of the class it seeks to represent; (3) it will fairly and adequately protect the interests of the class; (4) its claims involve issues of law and fact common to the class, and these common issues…”
United States v. Gen. Motors Corp., 384 U.S. 127 (1966).
· cites it 2× “Instead we expected that this would be handled on a sound, calm, sensible business-like approach.”
Danvers Motor Co., Inc. v. Ford Motor Co., 543 F.3d 141 (3rd Cir. 2008).
“” 15 U.S.C. § 1222 . Plaintiffs allege that The ‘choices’ contemplated in the Blue Oval Program are facially coercive in that, to become Certified and then Re-certified annually, Plaintiff dealers have committed substantial investments of time, effort, personnel and dollars…”
DeCantis v. Mid-Atl. Toyota Distributors, Inc., 371 F. Supp. 1238 (E.D. Va. 1974).
· cites it 8× “Jurisdiction is attained pursuant to 15 U.S.C. § 1222 . 1 The parties are presently before the Court pursuant to the defendant’s motion to dismiss which, because of the reliance placed on documents and materials outside the pleadings, the Court treats as a motion for summary…”
Anthony L. Arciniaga v. Gen. Motors Corp., Docket No. 05-6299-Cv, 460 F.3d 231 (2d Cir. 2006).
“§ 1981 ; (2) violation of the Automobile Dealers Day in Court Act (the “ADDCA”), 15 U.S.C. § 1222 ; (3) breach of contract; (4) breach of the covenant of good faith and- fair dealing; (5) breach of the fiduciary duty owed by a majority shareholder to a minority shareholder; and…”
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