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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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