Legal Opinion

Yamaha Motor Corp. v. Jim's Motorcycle, Inc.

Court of Appeals for the Fourth Circuit

Decided March 18, 2005No. 03-2070PublishedCited by 1 opinion

1Opinion of the Court

Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge LUTTIG and Senior Judge BALDOCK joined.

MICHAEL, Circuit Judge:

This case involves a dormant Commerce Clause challenge to a unique provision in Virginia’s motorcycle dealer franchise law. The provision allows any existing franchised dealer in Virginia to protest the establishment of a new dealership for the same brand anywhere in the Commonwealth. The district court rejected the challenge, concluding that the statute neither discriminates against, nor imposes a cognizable burden upon, interstate…

2Cases cited17 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
  4. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  5. Maine v. TaylorSupreme Court of the United States · 1986

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3Cited by1 opinion

  1. Yamaha Motor Corporation, U.S.A. v. Jim's Motorcycle, IncorporatedCourt of Appeals for the Fourth Circuit · 2005

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