United States Federal Circuit

In actions brought by plaintiffs, former dealers of General Motors (GM) and Chrysler, alleging that their franchises were terminated in the 2009 bankruptcies of those companies and constituted a taking by the government because the government required them as a condition of its providing financial assistance to GM and Chrysler and/or to the companies that succeeded them in the bankruptcies, the Court of Federal Claims' decision denying the government's motion to dismiss is affirmed, where: 1) the complaints are deficient because they do not sufficiently allege that the economic value of the plaintiffs' franchises was reduced or eliminated as a result of the government's actions; but 2) the proper remedy is to grant the plaintiffs leave to amend their complaints to include the necessary allegations.

Appellate Information

• Decided 04/07/2014
• Published 04/07/2014

Judges

• DYK

Court

• United States Federal Circuit

Counsel