FCA US, LLC v. Spitzer Autoworld Akron, LLC

ROGERS, Circuit Judge.

In a previous case involving these same parties, we held that certain provisions of Michigan and Nevada law were preempted by a federal statute, but we upheld-as unchallenged on appeal-the district court's decision in that case that similar provisions of Ohio law were not so preempted. Spitzer Autoworld Akron, a party to the previous case, as a party on the appeal in the previous case, explicitly declined to argue preemption of the Ohio statute, but now asserts on appeal from a decision in a subsequent, independent proceeding that the Ohio statute is preempted, based on…