ILNews

Dealership gets court to dismiss claims made by Volvo

Jennifer Nelson
October 12, 2012
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A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.

Volvo Trucks awarded auto dealer Andy Mohr’s Truck Center a contract to sell its trucks in 2010. When the business relationship soured, both parties filed lawsuits in the Southern District of Indiana, claiming among other things, breach of contract.

Mohr claims that his award of the Volvo franchise was dependent on the dealer being able to house it and the Mack Truck franchise under one dealership. He said Volvo Trucks and Mack Trucks agreed to it, but that the transactions would have to occur separately. Once he was awarded the Volvo Truck franchise, the Volvo Group then failed to award Mohr the Mack Truck franchise.

Volvo’s suit claims that Mohr and the dealership haven’t fulfilled the “promises, representations and unqualified guarantees” they made, including moving into a new facility and sales goals.

Mohr and Volvo – as defendants in the other’s suit – filed motions to dismiss certain claims. Judge William Lawrence denied Volvo’s motion to dismiss Mohr’s claims of theft under the Indiana Crime Victims’ Act, breach of written contract and breach of oral contract. The judge granted Mohr’s motion to dismiss claims of fraudulent inducement, promissory estoppel and equitable estoppel in Volvo’s action.

Lawrence also ordered Tuesday the Mohr plaintiffs to show cause within 14 days as to why these to cases shouldn’t be consolidated since they may share common questions of law and fact.

The cases are Volvo Trucks North America, a division of Volvo Group North America LLC v. Andy Mohr Truck Center and Andrew F. Mohr, 1:12-CV-448; and Andy Mohr Truck Center Inc. v. Volvo Trucks North America, a division of Volvo Group North America LLC, 1:12-CV-701.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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