Legal Opinion

LaPosta Oldsmobile, Inc. v. General Motors Corp.

District Court, N.D. West Virginia

Decided March 31, 2006No. Civ.A. 5:05CV79PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT GENERAL MOTORS CORPORATIONS MOTION TO DISMISS

STAMP, District Judge.

I.Procedural History

In June 2005, plaintiff, LaPosta Oldsmobile, Inc. (“LaPosta”), filed a action against General Motors Corporation (“GM”) pursuant to 20 U.S.C. § 1332, alleging unlawful termination of the dealer franchise agreement between these parties in violation of West Virginia Code § 17A-6A-4. LaPosta further seeks damages for breach of contract, breach of implied covenant of good faith and fair dealing and unjust enrichment.

GM filed a motion…

2Cases cited18 opinions

  1. Debra Rogers v. Jefferson-Pilot Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1989
  2. Belle Isle Grill Corp. v. City of DetroitMichigan Court of Appeals · 2003
  3. Russell H. Carter v. Norfolk Community Hospital Association, Inc., a Virginia CorporationCourt of Appeals for the Fourth Circuit · 1985
  4. Ashland Oil, Inc. v. DonahueWest Virginia Supreme Court · 1976
  5. Bright v. QSP, Inc.Court of Appeals for the Fourth Circuit · 1994

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3Cited by3 opinions

  1. American Heartland Port, Inc. v. American Port Holdings, Inc.District Court, N.D. West Virginia · 2014
  2. Palmetto Ford Truck Sales, Inc. v. Sterling Truck Corp.District Court of Appeal of Florida · 2010
  3. Wickland v. American Mountaineer Energy, Inc.District Court, N.D. West Virginia · 2018

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