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MO Supreme Court Denies Auto Dealer's 'Bad Faith' Statutory Claim
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).
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.