IBJNews

Court dismisses Volvo claims in dealership dispute

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.

Volvo Trucks awarded auto dealer Andy Mohr’s Truck Center a contract to sell its trucks in 2010. When the business relationship soured, both parties filed lawsuits in the Southern District of Indiana, claiming breach of contract, among other things.

Mohr says his award of the Volvo franchise was dependent on the dealer being able to house it and the Mack Truck franchise under one dealership. He said Volvo Trucks and Mack Trucks agreed to that arrangement, but that the transactions had to occur separately. Once he was awarded the Volvo Truck franchise, the Volvo Group then failed to award Mohr the Mack Truck franchise.

Volvo’s suit claims that Mohr and the dealership haven’t fulfilled the “promises, representations and unqualified guarantees” they made, including moving into a new facility and reaching sales goals.

Mohr and Volvo – as defendants in the other’s suit – filed motions to dismiss certain claims. Judge William Lawrence denied Volvo’s motion to dismiss Mohr’s claims of theft under the Indiana Crime Victims’ Act, breach of written contract and breach of oral contract. The judge granted Mohr’s motion to dismiss claims of fraudulent inducement, promissory estoppel and equitable estoppel in Volvo’s action.

Lawrence also ordered Tuesday the Mohr plaintiffs to show cause within 14 days as to why these to cases shouldn’t be consolidated since they may share common questions of law and fact.

 

ADVERTISEMENT

  • Good Decision
    Good decision from the court! Volvo needs to hire better Contract Law Attorneys.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. What became of this project? Anyone know?

  2. Scott, could you post an enlarged photo of the exterior of the building? This will be a great addition to Walnut Street. This area will only continue to develop with additions like this. Also, please give us more updates on the "Cultural Trail light" expansion. Also a great move for the city, as long as there is maintenance money set aside.

  3. Great story IBJ! Citizens don't have a real sense of the financial magnitude of supporting Indy's sports and tourism sector. The CIB was a brilliant idea for creating a highly integrated public-private partnership to support this sector from the economic activity it generates. Unfortunately, most folks think the benefits of that economic activity accrue directly to the City budget, and it doesn't. So though the CIB is facing lean times (covering its costs while maintaining minimally acceptable reserves), the City is operating with deficit - less tax revenue than expenses each year - with a very fragile reserve balance. That's why it's so challenging for the City to fund basic needs or new intitatives (e.g. pre-k education; new jail), and some credit rating agencies have downgraded Indy from it's past stellar AAA status. More reporting on City finances would be welcomed.

  4. Sure, I'll admit that it bugs me to see that the IBJ.COM censors it's blog posts almost as much as the D of I does when someone points out the falsehoods and fabrications. _____But I think it bothers me almost as much that Captain/Defender/Disciple get his yanked too. You see, those of us with a sense of integrity, humanity, compassion, and a need for fact based opinion WANT to see all of his screeds posted. It makes our point so much better than we can do it ourselves.

  5. We're conflating two very different topics. Voter fraud is a myth and excessive gun violence is all too real. I just hope rational gunowners decide to stop being shouted down by the, well, let's call them "less rational" ones.

ADVERTISEMENT