News
Executive Suite: Leonard Bellavia, Mineola
Newsday’s Executive Suite column features Leonard Bellavia, founding partner of Bellavia, Blatt, Andron & Crossett PC, in Mineola. Mr. Bellavia describes how he got into the business of practicing franchise law and answers questions on auto dealer legalities and how to be recognized in today’s large pool of lawyers.
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Used car dealers sue Carfax, claim antitrust violation
The pre-eminent dealership law firm of Bellavia, Blatt, Andron & Crossett, PC, renowned for protecting the rights of automotive dealers, has filed a $50 million mass action, anti-trust lawsuit on behalf of more than120 auto dealerships, who allege that actions by CARFAX unfairly and illegally preclude dealers from selecting a vehicle history report (VHR) provider of their choice and negotiating a...
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Chrysler and 2 rejected N.Y. dealers may head to court
Attorneys for Eagle Auto Mall, Terry Morris Chrysler-Jeep and Chrysler Group are scheduled to meet Thursday, Oct. 11, in a final pre-trial conference to hammer out a settlement or set a court date in a lawsuit that stems from when the dealerships were rejected during Chrysler's bankruptcy. U.S. District Judge Leonard D. Wexler on Sept. 28 denied Chrysler's motion for a summary judgment and...
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Dealers call Tesla factory stores illegal
After opening several stores without much pushback, Elon Musk's ambition to replicate the Apple experience in Tesla factory stores is now facing potential roadblocks. Dealer associations in a handful of states, and state regulators in at least one case, say Tesla's stores violate state franchise laws that prohibit factory ownership of dealerships. Electric-vehicle maker Tesla now operates 17...
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MRAA joins on warranty processing service
As a joint initiative between MarineLab and the Marine Retailers Association of the Americas, MarineLab Warranty Processing was recently launched to meet the growing needs of marine retailers that are looking for a more profitable way to process warranty reimbursements from...
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Leonard A. Bellavia Will Be a Speaker at the 2012 NMADA Convention
On September 27-30, 2012, attorney Leonard Bellavia, of Bellavia Gentile & Associates, will be recapping the efforts and successes in the retail reimbursement for parts that many of our members have established. He will also participate in discussions of the 2013 NMADA legislative agenda that will be pursued in the upcoming legislative session.
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Leonard A. Bellavia Will Be a Speaker at the Mid-Atlantic Regional Independent Automobile Dealer Associations (“MARIADA”) Conference September 9, 2012
Leonard A. Bellavia of Bellavia Gentile & Associates will be speaking about "Dealership Law & Business Operations Compliance" on September 9, 2012.
MARIADA Conference - Dealer Education & Training Conference.
When & Where: Sunday and Monday, September 9 and 10, 2012, at Trump Taj Mahal Resort, Atlantic City, New Jersey.
PIADA is accepting registrations for MARIADA. Call Pennsylvania IADA...
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Reuther family rebuilds business while pursuing justice
Janet Reuther-Schopp doesn't like to remember what happened to Reuther Automotive Group three years ago this week.
Her family's 53-relationship with the Chrysler and Jeep brands came to an abrupt end during Chrysler's government-orchestrated bankruptcy. Thinking about it still makes Reuther-Schopp sad and angry, so she'd rather talk about the positive things that have happened since May 14,...
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CAR ASSOCIATION SEMINAR SERIES
PRESENTER: LEN BELLAVIA, ESQ. - PARTNER, BELLAVIA GENTILE & ASSOCIATES
DATE: FRIDAY, JUNE 22, 2012
TIME: 9:00 AM – 12:00 NOON
LOCATION: ROCKY HILL MARRIOTT
DOWNLOAD REGISTRATION PDF
In May of 2009 the Franchise Protection Act became law – this act greatly enhances the protections the...
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Car Dealers Press Case Against U.S. Over Bailout, Citing Constitution
U.S. government bailouts of General Motors and Chrysler became a constitutional battleground when they were pushed through bankruptcy court in 2009.
Turns out the battle isn't over just yet.
More than 220 former car dealers are pressing their case that the Obama administration violated the U.S. Constitution when the car makers terminated franchise agreements while in bankruptcy...
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Car Dealers Press Case Against U.S. Over Bailout, Citing Constitution
U.S. government bailouts of General Motors and Chrysler became a constitutional battleground when they were pushed through bankruptcy court in 2009.
Turns out the battle isn't over just yet.
More than 220 former car dealers are pressing their case that the Obama administration violated the U.S. Constitution when the car makers terminated franchise agreements while in bankruptcy...
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Terminated Dealers’ Legal Fight ‘Unique’
It is billed as a one-of-a-kind legal issue, but as with many court proceedings it is becoming one thing after another.
The issue centers on suits filed by Chrysler and General Motors dealers who lost their franchises in 2009.
They contend their constitutional rights were violated when the auto makers dropped retailers as part of a government bailout and post-bankruptcy plan.
The...
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With Dealer Defaults Looming, Smart Lenders Will be Patient
As attorneys for marine dealers, the calls we are receiving lately are becoming far too frequent and have a common refrain: "My floor planner doesn't know it yet, but I am seriously out of trust."
The good news is that dealers are acting pre-emptively by not waiting to call us until spring when the boats that have been paid for are delivered and the bank discovers the problem. Too many times,...
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Dealers win challenge in Chrysler suit
Two rejected Chrysler dealerships that won their arbitration cases in 2010 are closer to a trial date in their lawsuit against the automaker.
In a March 9 ruling, U.S. District Court Judge Leonard Wexler denied a Chrysler motion seeking dismissal of the dealerships' complaint. He told the parties to file their pretrial orders.
Leonard Bellavia, lawyer for the dealerships, said the ruling...
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Bellavia’s Chrysler Lawsuit to Proceed
The auto industry’s bailout may have been put in reverse after a judge ruled that 75 terminated Chrysler dealers have the right to sue the United States Treasury for violating their Fifth Amendment rights.
The dealers, all represented by Leonard Bellavia of Bay Shore-based Bellavia Gentile & Associates, had their property seized as part of a $12.5 billion federal bailout between 2008 and 2009....
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Judge denies US motion to dismiss suit over Chrysler dealer Terminations
Dealers terminated during Chrysler’s 2009 bankruptcy will be allowed to proceed with a lawsuit against the US Treasury Department, alleging the government violated the Constitution in taking their store franchises.
A ruling handed down Monday by the US Court of Federal Claims denied the government’s motion to dismiss the case. The lawsuit, filed in February 2011, contends that the Obama...
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Bellavia & Gentile Speak to NYSADA Members on Critical Dealer Issues
On November 18th, Leonard Bellavia and John Gentile held a seminar for NYSADA members in the Albany area. The seminar addressed: Factory Demands for Facility Upgrades and the Dealers Best Strategy’s, GM’s EBE Program – How to Deal with Objections, and Warranty Parts Reimbursement. The dealer members present peppered the attorneys with a mix of specific scenarios affecting their dealerships....
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Bellavia Gentile files lawsuit against Saab
A month after being retained by 163 Saab dealers nationwide, the Mineola law firm of Bellavia Gentile & Associates has filed an involuntary Chapter 11 lawsuit against Saab Cars North America.
Saab Automobiles, the parent company of Saab Cars, filed for bankruptcy in Sweden on Dec. 19, 2011, less than two years after General Motors jettisoned the struggling automaker.
A national council of...
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Saab's U.S. Arm Will Be Liquidated
The administrator handling Saab Cars North America's finances told creditors last week that the company will be liquidated.
"We notified creditors that it is our opinion that there is no way to salvage the company," said Jim McTevia, of McTevia & Associates, the administrator appointed to operate the U.S. distribution arm.
Parent company Saab Automobile filed for liquidation Dec. 19 in a...
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Press Release
Over 140 of the 188 Saab dealers nationwide have retained the law firm of Bellavia Gentile & Associates, LLP, to represent the dealers in their claims against Saab Cars, N.A., a subsidiary of the Swedish car manufacturer, Saab Automobiles. Saab Automobiles filed for Bankruptcy in Sweden on December 19, 2011.
"Saab dealers are owed substantial amounts...
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Lawyers See Terminated Dealers’ Case Going to Supreme Court
In Texas, 85 rejected Chrysler and General Motors dealers are suing the federal government, charging they lost their businesses without adequate compensation when the U.S. Treasury Dept. maneuvered the two auto makers into downsizing their dealer networks in 2009.
In a New York-based group action earlier this year, 75 terminated Chrysler dealers sued the U.S. government for the alleged...
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Press Release
Attorney Leonard A. Bellavia has dedicated his career to fighting for the rights of US automobile dealers and franchise owners. Now, he wants to take that fight to the US Treasury Department - who Bellavia believes participated in legal misconduct by ordering the closing of 789 Chrysler Dealerships as part of the Chrysler Bankruptcy in 2009. The 27 GM dealers who did not sign...
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Press Release
First there were widespread dealership closings by General Motors Co. and Chrysler Group LLC as part of their post-bankruptcy reorganization plans.
Then there were dealership-auto maker arbitration hearings ordered by the U.S. Congress after many dealers complained about the shutdowns.
Now come post-arbitration lawsuits by dealers in federal and state courts. They mainly target Chrysler,...
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Some Dealers Savor Arbitration Wins, But Concerns Linger
Chrysler Group LLC won a large majority of cases appearing before arbitrators in American Arbitration Assn. hearings.
But in a number of dealer wins, arbitrators looked beyond Chrysler and General Motors Co.'s post-bankruptcy business cases for restructuring their dealer networks.
Considerations of the public interest weighed heavily when an arbitrator in Eagle Auto Mall's termination...
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Chrysler sued by 4 more stores that won in arbitration
Dealers claim they received ‘unreasonable' letters of intent
WASHINGTON -- Chrysler Group was sued today by four rejected dealerships, which claim that they received “unreasonable and unconscionable” letters of intent after prevailing in arbitration.
The lawsuit raises to nine the number of plaintiffs making such a claim against the automaker.
The joint suit filed in U.S. District Court...
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Chrysler Dealers Find Barriers to Re-entry
After a year of fighting Chrysler’s decision to cast aside his dealership, Jim Bickford expected to be back running Westminster Dodge, the only Chrysler franchise in Boston.
An arbitrator last month declared the dealership “a proven performer, with an experienced, enthusiastic and competent management team, which has earned the right to continue.”
But Mr. Bickford is still not sure whether...
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Handful of Dealers Savor Arbitration Victories
As the clock winds down, Chrysler Group LLC still is winning in a large majority of cases appearing before arbitrators in American Arbitration Assn. hearings.
The scoreboard: Chrysler 71, dealers 31. Chrysler says seven decisions are pending. Final numbers are expected by the end of July.
But in a number of dealer wins, arbitrators looked beyond Chrysler and General Motors Co.’s...
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Dorchester dealer reclaims right to sell new Dodges
Westminster Motors in Dorchester, which lost its status as a Chrysler dealer last year, won an arbitration ruling yesterday that restored its ability to sell new Dodge cars and trucks — making it one of only a handful of Chrysler dealerships to reverse a shut-down order.
The dealership had been selling used cars since last summer, when its agreement with Chrysler was terminated. Jim Bickford,...
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Chrysler, GM Close In on Dealer Arbitration Cases
Chrysler Group LLC continues to win the vast majority of dealer arbitration cases coming before the American Arbitration Assn.
The scoreboard: As of July 9, with 73 cases completed, arbitrators decided for Chrysler in 54 cases and in19 for dealers.
More than 125 of the 418 filed arbitration cases have been dismissed, withdrawn or abandoned, says Chrysler. Less than 10 cases remain to be...
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LI dealer stops Chrysler's move to halt franchise
Last year, Chrysler Group Llc, mired in bankruptcy proceedings, terminated 789 dealerships across the country, saying it had too many for its diminished market share.
Among the terminated was one of Long Island's largest Chrysler dealers, Eagle Auto Mall in Riverhead. Eagle was one of about 200 dumped Chrysler dealers that began to fight the auto giant in an arbitration to regain their...
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Chrysler picked wrong N.Y. dealer to close, arbitrator rules
WASHINGTON -- Chrysler Group made the wrong choice in deciding to keep open one New York state dealership and reject another, said an arbitrator who relied on performance data for both stores.
The arbitration for Terry Chrysler-Jeep in Burnt Hills, N.Y., may be the first in which comparative operating data, including sales, was used, said the Terry dealership's lawyer, John Gentile. The data...
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BGA Launches New Website
BGA is pleased to announce the immediate release of their greatly anticipated new website.
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Bellavia Gentile & Associates in the New York Times - Defending Their Dealerships
Mark Calisi says he believes he lost his Chrysler-Jeep dealership on Long Island because he irritated a company executive.
Yale King was told that his Jeep and Buick-Pontiac-GMC stores near Denver were no longer wanted, even though he regularly doubled the carmakers’ sales goals.
James Painter and his 10 children cannot understand why Chrysler eliminated the two Utah dealerships they ran...
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Leonard Bellavia Bankruptcy Photos
On Yahoo!: Leonard Bellavia, left, attorney for one of the Chrysler dealerships, enters US Bankruptcy Court, Friday, May 29, 2009, in New York. (AP Photo/ Louis Lanzano).
On Zimbio.com:...
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Plan to ax dealers not Chrysler's decision
NEW YORK, May 26 (Reuters) - A lawyer for Chrysler dealers facing closure as part of the automaker's bankruptcy reorganization said on Tuesday he believes Chrysler executives do not support a plan to eliminate a quarter of its retail outlets. Lawyer Leonard Bellavia, of Bellavia Gentile & Associates, who represents some of the terminated dealers, said he deposed Chrysler President Jim Press on...
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LI Attorney Objects to Chrysler Bankruptcy
A Long Island attorney is furiously working on filing an objection to the U.S. government-backed bankruptcy and sale of Chrysler to Fiat.
Leonard Bellavia, of Mineola’s Bellavia Gentile and Associates, said Wednesday that he is finishing up his brief, due by 4 p.m. Thursday, on behalf of 25 dealerships on the east coast, including four on Long Island, to send to Judge Arthur J. Gonzalez, a...
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Two rejected Chrysler dealers seek company e-mails in arbitration
WASHINGTON -- Two rejected Chrysler Group dealers plan to ask a federal bankruptcy judge tomorrow to unseal internal Chrysler e-mails that were personally critical of them so they can use the messages in arbitration.
Former Chrysler dealers Jim Tarbox of North Kingstown, R.I., and Mark Calisi of Riverhead, N.Y., said in a motion that the Chrysler managers' e-mails show that the company closed...
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Settlement of class-action advertising case is a reminder for dealers to stand tough – and Together
It was a long battle. But for the approximately 40 auto dealers who sued Newsday back in mid-2004 on fraud and antitrust charges related to the Long Island (NY) newspaper’s advertising rates, it was worth it. At the end of February, the dealers – many of them small and family-owned businesses which collectively represented Newsday’s biggest advertisers – entered into a settlement agreement with...
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