Edwards v. Kia Motors of America, Inc.

BARZILAY, Judge:

The issue in this case concerns the application of the Alabama Motor Vehicle Franchise Act (“Franchise Act” or “the Act”) to a retrospective mutual release agreement (the “Release”) 1 between Appellants Edwin Edwards and ELL 12, 2 and Appellee Kia Motors America, Inc. (“KMA”). See Ala.Code § 8-20-11. Unable to determine whether the relevant provisions of the Franchise Act did in fact operate to prohibit enforcement of the Release, the court certified a question to the Alabama Supreme Court to clarify the state law at issue. Edwards v. Kia Motors of America, Inc., 486 F.3d 1229…