09-24-2015, 12:02 PM | #121 |
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P.S. "Just Compensation" is not a viable cause of action unless the signature on the Contract was induced by fraud.
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09-25-2015, 09:31 AM | #122 | |
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Essentially the GM OLDCO Dealers didn't have any choice but to sign the Wind Down Agreement. Sure, there are some GM Dealers who didn't sign the Wind Down Agreement but they are a very small minority. The fact that the vast majority of the GM OLDCO Dealers signed the Wind Down Agreement doesn't, in my opinion, signal that they agreed with the agreement just that they knew they didn't have any other choice. Sadly, GM's bankruptcy provided GM with substantial power and placed them in a position where they could dictate the terms of any agreement with their OLDCO Dealers. Clearly I'm not a lawyer or any type of expert but I wonder if the GM OLDCO Dealers who signed the Wind Down Agreement could ever be included in the lawsuit against the Treasury arguing that they were forced to give up their rights to sue and GM had the power to dictate the terms of any agreement they ultimately signed. |
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09-29-2015, 11:05 AM | #123 |
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"...but I wonder if the GM OLDCO Dealers who signed the Wind Down Agreement could ever be included in the lawsuit against the Treasury arguing that they were forced to give up their rights to sue and GM had the power to dictate the terms of any agreement they ultimately signed. "
No, they did have a choice...sign and get wind down cash, do not sign and get what the Chrysler dealers did.... There was no coercion by GM...yes, or no...one choice. That is why the dealers who did not sign were so few, only those who were offered miniscule wind down funds even thought of not signing, i.e.., those who carried no debt to banks on their books or personal assets, and those who simultaneously, had little rent factor shown on the books, so the wind down was nothing but a slap in the face! |
09-30-2015, 11:19 AM | #124 | |
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As before, I'm not an attorney or an expert but I wonder if it can be argued that the GM OLDCO Dealers who did sign the Wind Down Agreement were forced to accept a provision not to sue the Treasury because GM had 100% of the negotiating power? It would be no different than the situations where the Government sues companies like Microsoft and Google because they add provisions to their contracts that the opposing party cannot reject because Microsoft and Google have so much market power. |
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09-30-2015, 03:18 PM | #125 |
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Yes, what you refer to is a "contract of adhesion." I have heard, without any research, of only one case where a GM dealer won a case VS GM using this tactic. I would think the Attorneys might want to jump in here.
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10-13-2015, 01:37 PM | #126 |
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Press Release from Bellavia Blatt & Crossett
Here's a Press Release from Bellavia Blatt & Crossett concerning the lawsuit against the U.S. Treasury that was published by F&I Magazine - click here
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10-13-2015, 01:42 PM | #127 | |
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I will make Mr. Bellavia aware of your post and ask if he can share his insight. (He may not be in a position to comment on possible litigants outside of his current clients so please don't be concerned if he chooses not to respond.) |
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10-14-2015, 06:56 AM | #128 | |
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As far as settling out of court, would the freedom of information act allow those payments to be kept secret? Even I am getting a little tired of all of it, and I NEVER thought I would say that. Then again every May 13th I will get revved up again. Seems we have less and less of the posters that were around 6 years ago. Oh they still pop in once in a while but nothing like before. To bad, very smart guys. |
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10-14-2015, 03:22 PM | #129 | ||
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The process has been so long and drawn out that I think the topic ends up being one that fades away as a result of apathy and fatigue. Clearly this is an example of "Justice delayed is justice denied." Quote:
I still think there's a need for a website like DealershipForum but that's a discussion for another thread... |
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10-15-2015, 06:49 AM | #130 |
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I think some of the guys just want to HEAL. They do not want to be reminded of the pain caused them. Steve is expressing both the exasperation and the tiredness in his post. My hate continues to run deep, but I know my wife is starting to roll her eyes when I remind a stranger of how I, (and we) was screwed.
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10-15-2015, 08:13 AM | #131 |
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I was discussing what happened to the Chrysler and GM dealers with a customer yesterday...he had brought up the credit crunch back in 2008 and I explained what had taken place in the car industry as a result. He was amazed and shocked. He said "I've never heard anything about that" , and asked "how could I have missed all that going on?" I told him hardly anyone that wasn't involved in it knew... because the media never reported it and it was never really talked about on the news. Such a shame there wasn't ever really any public outcry over US citizens having their private businesses destroyed and/or stolen from them by OUR OWN government and our "business partners" in Detroit.
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10-15-2015, 08:40 PM | #132 | |
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We are still out here sitting in the trees. You'd be surprised where some of us wound up.
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10-18-2015, 05:16 PM | #133 |
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10-19-2015, 06:54 AM | #134 | |
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10-19-2015, 07:03 AM | #135 | |
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Oh well you all have heard my rant before. I just miss some of my FORUM friends that I have gotten to know on a limited basis, but the integrity of these people somehow seems lost in the current business climate. |
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