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Old 03-07-2013, 01:24 PM   #1
flstsphil
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Default Mahindra ruling

The Georgia Federal Court decided to uphold the dealer lawsuit against Mahindra U.S.A. and deny Mahindra's motion to dismiss. There may be an opportunity for dealers that did not join the original suit to join now. Our lawyer is Michael Diaz of the law firm Diaz Reus from Miami, Florida. His number is 305-XXX-XXXX. I do not know how to attach a pdf file to this post. If anyone could explain how I will upload the ruling.

Last edited by XDCX; 03-07-2013 at 05:24 PM. Reason: Removed phone number to prevent possible SPAM calls
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Old 03-07-2013, 05:30 PM   #2
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Interesting information - thanks for starting the thread.

Concerning your post above, I did remove the attorney's phone number because I didn't want him to be the recipient of a number of SPAM calls. If anyone wants the phone number just send me a PM or use the "Contact Us" link at the bottom of the page and I'll send the information to you.

Concerning the Mahindra Dealers, I've long felt that they were screwed over and the legal system failed to provide them any justice. Hopefully there are still legal options available for dealers who still want to pursue a claim.
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Old 03-07-2013, 05:32 PM   #3
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Quote:
Originally Posted by flstsphil View Post
I do not know how to attach a pdf file to this post. If anyone could explain how I will upload the ruling.
If you'd like, just send the PDF file as an attachment to my email address and I'll add it to this thread. Email address = Deleted to prevent SPAM

Last edited by XDCX; 03-08-2013 at 07:25 AM. Reason: Removed email address to prevent SPAM
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Old 03-08-2013, 07:27 AM   #4
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Quote:
Originally Posted by XDCX View Post
If you'd like, just send the PDF file as an attachment to my email address and I'll add it to this thread. Email address = Deleted to prevent SPAM
I received a copy of the Mahindra Ruling as a PDF File and I'll attach it to this post.

DealershipForum members can click on the Mahindra Ruling link below to get a copy of the PDF File. Non-members who want a copy of the file can request it below by using the "Contact Us" link at the bottom of the page.


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Old 03-08-2013, 10:20 AM   #5
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Default Help me understand.....

Am I correct in understanding that the dealers who paid Global for a Mahindra franchise may have an action against Mahindra U.S.A. based on the claim that Mahindra intentionally delayed EPA certification so Global's agreement with Mahindra would expire?

Are there any guesses as to what the "Best Case Scenario" is for dealers who enter the lawsuit? Is a possible monetary award limited to the amount the dealers paid Global for the franchise or could the amount be higher based on other damages?
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Old 03-08-2013, 11:18 AM   #6
flstsphil
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The suit is against Mahindra and Mahindra of India and Mahindra USA. The suit is against both companies. Among the issues is Mahindra's intentional delay of EPA certification so the agreement would expire.

The suit is for all losses related to Mahindra not bringing vehicles to the United States. Dealers paid up to $200,000 in franchise fees. Losses are far greater than the fees paid to Global Vehicles. Some dealers put up buildings for the franchise. Many others did not rent buildings and kept them empty in anticipation of the new franchise business.
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Old 03-09-2013, 10:20 AM   #7
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Quote:
Originally Posted by flstsphil View Post
The suit is against Mahindra and Mahindra of India and Mahindra USA. The suit is against both companies. Among the issues is Mahindra's intentional delay of EPA certification so the agreement would expire.

The suit is for all losses related to Mahindra not bringing vehicles to the United States. Dealers paid up to $200,000 in franchise fees. Losses are far greater than the fees paid to Global Vehicles. Some dealers put up buildings for the franchise. Many others did not rent buildings and kept them empty in anticipation of the new franchise business.
Thanks for the update.

It's interesting to hear that both Mahindra and Mahindra U.S.A. have been named in the suit - that would seem to prevent the ability of Mahindra to bankrupt their U.S.A. operation in the event they lost the lawsuit.

Also interesting to hear that damages can extend beyond the franchise fees paid to Global.
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