United States First Circuit

In an action brought by a car dealership against Land Rover under the Automobile Dealer's Day in Court Act, 15 U.S.C. section 1222 (ADDCA), and the Massachusetts "Dealer's Bill of Rights" arising from defendant's termination of the parties' Dealer Agreement, summary judgment for defendant is affirmed where: 1) as plaintiff was undeniably in breach of its contractual obligations, defendant had good cause to terminate the agreement; 2) there was no evidence of bad faith on the part of defendant; 3) the district court correctly found on the undisputed facts that defendant had repeatedly offered plaintiff reasonable opportunity to cure; and 4) there was no evidence of any oral modification sufficient to overcome a presumption that a 2004 letter of intent expressed the intent of the parties.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stephen Gordon with whom Stephen Gordon & Associates was on brief for appellant.


• For Appellees:
  
• John J. Sullivan with whom Carl J. Chiappa, Hogan & Hartson LLP, Jeffrey S. King, Gregory R. Youman, and Kirkpatrick & Lockhart Preston Gates Ellis LLP were on brief for appellee.