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In an earlier article, we commented on the potential import of an appellate court's ruling that an automobile dealership that could not file suit to enjoin an additional dealership under a Missouri statute's specific additional “add-point” statute could nevertheless file an administrative proceeding based on a “generic” statute that prohibits conduct by a manufacturer that is “capricious, in bad faith, or unconscionable.” (See “Auto Dealer Can Bring 'Bad Faith' Statutory Claim,” Franchising Business & Law Alert, January 2009, discussing Parktown Imports, Inc. v. Audi of America, No. 2008 WL 2651775 (Mo. Ct. App. W.D. July 8, 2008).)

","

We contended that the prior decision could set a precedent with potentially serious implications for automobile manufacturers and other franchisors or distributors because it would have allowed actions to block network changes on a mere claim of “bad faith,” even when there is no standing to bring suit under a specific provision governing network changes. The Missouri Supreme Court has fixed that decision by overturning the appellate court in March and holding that the dealer could not rely on a general “good faith” provision in the statute to bring a claim related to an additional dealership when the dealership lacked standing to protest under the specific provision that addresses additional dealerships. See Parktown Imports, Inc. v. Audi of Amer., Inc., 278 S.W.3d, 670 (Mo. 2009).

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