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FCA US, LLC v. SPITZER AUTOWORLD AKRON, LLC

No. 17-1161.

887 F.3d 278 (2018)

FCA US, LLC, fka Chrysler Group, LLC, Plaintiff-Appellee, Fred Martin Motor Company, Intervenor Plaintiff-Appellee, v. SPITZER AUTOWORLD AKRON, LLC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 4, 2018.

Attorney(s) appearing for the Case

ARGUED: David M. Zack , BLEVINS SANBORN JEZDIMIR ZACK, PLC, Detroit, Michigan, for Appellant. Jay F. McKirahan , MAC MURRAY & SHUSTER, LLP, New Albany, Ohio, for Appellee Martin Motor Company. Hugh Q. Gottschalk , WHEELER TRIGG O'DONNELL LLP, Denver, Colorado, for Appellee FCA. ON BRIEF: David M. Zack , BLEVINS SANBORN JEZDIMIR ZACK, PLC, Detroit, Michigan, for Appellant. Jay F. McKirahan , Patrick W. Skilliter , MAC MURRAY & SHUSTER, LLP, New Albany, Ohio, for Appellee Martin Motor Company. John E. Berg , Cynthia M. Filipovich , CLARK HILL PLC, Detroit, Michigan, for Appellee FCA.

Before: NORRIS, ROGERS, and BUSH, Circuit Judges.

OPINION

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...

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