BROOKS AUTOMOTIVE GROUP, INC et al v. GENERAL MOTORS LLC
||BROOKS AUTOMOTIVE GROUP, INC and B.L.P. REAL ESTATE, LLC
||GENERAL MOTORS LLC
||EUGENE F. SCANLON, JR.
||June 14, 2018
||US District Court for the Western District of Pennsylvania
||Arthur J. Schwab
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|May 8, 2020
MEMORANDUM OPINION Upon consideration of the foregoing, GM's Motion for Summary Judgment will be granted in part and denied in part. GM's Motion will be granted as to Count I, violation of the Board of Vehicles Act, Section 12(b)(5). Brooks and BLP's Motion for Partial Summary Judgment as to said Count I will be denied. Summary judgment in favor of GM on Brooks and BLP's claim under Count I, Section 12(b)(5) of the Board of Vehicles Act, will be granted. Further, GM's Mo tion for Summary Judgment as to Count II, liability under the Board of Vehicles Act, Section 12(b)(3) will be denied. In addition, GM's Motion for Summary Judgement as to Count II, BLP's damages claim for real estate sale, will be denied. F inally, GM's Motion for Summary Judgment as to Count II, damages for Brooks' claimed operating losses, will be granted. Judgment will be granted in favor of GM as to said claimed damages.A separate order will follow. Signed by Judge Marilyn J. Horan on 5/8/2020. (bjl)
|February 5, 2019
OPINION AND ORDER granting in part and denying in part 18 Motion to Dismiss for Failure to State a Claim.Defendants Motion to Dismiss Count I, violation of Section 12(b)(5) of the BVA, is granted, and Count I is dismissed. Defendants Motion to Dis miss Count II, asserting violation of Section 12(b)(3) of the BVA, as regards the claim for $850,000 in damages, is Granted, and the claim for $850,000 in damages is dismissed. Plaintiffs are granted leave to amend their Complaint as to Co unts I and II. Any amendment to Counts I and II by Plaintiffs shall be filed within fourteen (14) days. Defendants Motion to Dismiss Count III, Brooks Tortious Interference with Contract Claim and the claim for punitive damages contained within Coun t III, is granted, and Count III is dismissed. Defendants Motion to Dismiss Count IV, Brooks Breach of Good Faith and Fair Dealing Claim, is granted, and Count IV is dismissed. Amendment to Counts III and IV is deemed futile, given the legal insufficiencies of the claims for tortious interference with contract and breach of good faith and fair dealing. Defendant, GM, shall Answer by March 5, 2019. Signed by Judge Marilyn J. Horan on 2/5/2019. (bjl)
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