News

General Motors dealers could face major penalties, even termination, if they fail to use a new disclosure form for customers who buy non-GM service contracts, a new or used vehicle with non-GM accessories or used vehicles with non-GM? parts, the automaker told dealers last month. But by enforcing the new disclosure process and draconian penalties,…

Join us at the 1st Annual Cruisin’ for the Cure Classic Car Show on Saturday, June 24, 2017 (Rain date – June 25) from 10 a.m. – 4 p.m. This event is open to the Public and takes place at Windham Mountain Resort. Get a hole-in-one and win a new 2017 Corvette. All proceeds benefit…

A Grand Gorge car dealership in business for more than 80 years is at risk of losing its Ford franchise. W.S. Hinkley & Sons, Inc., a Ford dealership created in 1930 by auto mogul Henry Ford himself, has sold nearly a century worth of Ford cars and trucks, but Ford – which claims the dealership…

The hundreds of frustrated Volkswagen dealers who turned up at the National Automobile Dealers Association convention in March in Las Vegas faced a difficult decision. Charge ahead with a class-action lawsuit against the automaker for damages related to the diesel emissions scandal, or roll the dice on an out-of-court deal. At the last minute, retailers…

Bellavia Blatt & Crossett, P.C. (“Bellavia Blatt”), a law firm that represents thousands of franchised automobile dealerships, has announced that, on June 29, 2016, it commenced a class-action lawsuit against online motor vehicle advertiser Autotrader.com. The lawsuit was filed in United States District Court in Atlanta, Georgia, based upon a forum choice clause in Autotrader’s…

MINEOLA, NY, September 3, 2014-Bellavia Blatt Andron & Crossett, P.C. now represents over 700 dealership plaintiffs in its $350 million antitrust case against CARFAX-up from just 124 when the suit was originally filed in May 2013. The suit alleges that CARFAX has illegal alliances with key players in the auto industry, which freezes out competition,…

When Mercedes-Benz scuttled Jona-than Sobel’s $30 million deal to buy a New Jersey dealership last year by exercising its right of first refusal, Sobel sued. And he got a lot more cautious about where he’d buy more dealerships to add to his stores in New York. Sobel declined to discuss specifics of his lawsuit. But…

Mineola, N.Y., October 1, 2014-In a decision issued this week, the Federal Court denied a motion filed by CARFAX to dismiss Bellavia Blatt’s $350 million antitrust case lawsuit. The case will now proceed to the discovery phase. Bellavia Blatt-which represents over 750 dealerships in this lawsuit (up from just 124 when the suit was originally…

Leonard A. Bellavia will be a speaker at the New Jersey Regional Auto Dealers Seminar on October 16 in Hackensack, NJ. and will discuss The Latest Factory Intrusions: The Right of First Refusal in Buy-Sells. Mr. Bellavia will address the recent proliferation of factory disruptions of the buy-sell process through the rebuffing of buyers in…

MINEOLA, NY, September 17, 2014-In an amended complaint filed this week, 20 additional terminated Chrysler dealers have joined Bellavia Blatt’s lawsuit against the U.S. Government, raising the total number of plaintiffs to 168. In 2009, the President’s Automotive Task Force ordered Chrysler to close 789 of its 3,200 franchises as a condition of a government…

Senior Partner Leonard A. Bellavia will be a featured speaker at the 2014 NADC Fall Conference in Chicago on October 26-28. Mr. Bellavia’s session is on October 27, and he will address the recent proliferation of factory disruptions of the buy-sell process through the rebuffing of buyers in signed buy-sell agreements by the exercise of…

The ongoing recall saga has left dealers in a world of confusion, and new threats related to unrepaired units may be larger than they appear. The 1990 Arnold Schwarzenegger blockbuster “Total Recall” (and its underwhelming 2012 remake) is a futuristic fantasy trip centered around Rekall, a company that sells dreams so real they become actual…

Since we first reported at the beginning of May on the growing danger of manufacturers exercising the Right of First of Refusal in dealership buy-sells, more cases have come to light (Buyer Beware — Right of First Refusal on the Rise). The Banks Report has learned of at least eight situations in the last 20…

A terminated Buick-GMC dealership is free to pursue its claims that the former GMAC illegally used a bounced check as a means to end the store’s dealer agreement and help General Motors cut its dealer network. U.S. District Judge Charles Lovell has refused to dismiss a lawsuit against Ally Financial Inc., GMAC’s successor company, by…

Click HERE to download PDF. A lawsuit brought by auto dealers has put a chill on the potential sale of R.L. Polk & Co., owner of the used-car shopping tool Carfax, according to the people familiar with the matter. Polk, which provides car companies and consumers with data on autos, has attracted interest from some potential corporate…

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.

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.…

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…

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 manufacturers.

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.

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…

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…

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 franchise law affords Connecticut’s dealers. Our law ensures that…

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…

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…

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…

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,…

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…

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…

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…

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…

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 from…

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.…

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…

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,…

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…

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…

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…

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…

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…

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…

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,…

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…

BGA is pleased to announce the immediate release of their greatly anticipated new website.

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…

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: Chrysler Dealers Protest The Closing Of Almost 800 Dealerships. Leonard Bellavia (R), legal counsel for a group of Chrysler dealers slated to lose their businesses, and James Anderer,…

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,…