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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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