United States Third Circuit

In a suit by Ford car dealerships in New Jersey against Ford for violation of the New Jersey Franchise Protection Act (NJFPA), the district court's judgment is: 1) reversed insofar as it found Ford liable for violating the NJFPA, as Ford's assessment of a cost surcharge did not violate the NJFPA, which clearly permits cost-recovery systems using bona fide wholesale price increases; and 2) affirmed insofar as it granted summary judgment to Ford on certain engine and transmission assembly reimbursement claims, where a) the claims were procedurally barred because the dealers failed to properly plead them, and b) the dealers failed to submit any written payment claims to Ford.

Appellate Information

• Decided 04/09/2012
• Published 04/09/2012

Judges

• Fisher

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher T. Handman, Eric L. Chase