NISSAN NORTH AMERICA, INC. v. MOTOR VEHICLE REVIEW BOARD

No. 1-12-3795.

2014 IL App (1st) 123795

NISSAN NORTH AMERICA, INC., Along With Its Infiniti Division, Plaintiff-Appellant, v. THE MOTOR VEHICLE REVIEW BOARD; TERRENCE M. O'BRIEN, Chairperson of the Motor Vehicle Review Board; M.E. FIELDS, INC., d/b/a Fields Infiniti; and YAMPA VALLEY ENTERPRISES, INC., d/b/a Fields Infiniti of Lake County, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Filed February 20, 2014.


Attorney(s) appearing for the Case

Kenneth S. Good Smith and D.R. Edwards , both of Good Smith Gregg & Unruh LLP, of Chicago, and Daniel L. Goldberg , James C. McGrath , and Christina Chan , all of Bingham McCutchen LLP, of Boston, Massachusetts, for appellant.

Lisa Madigan , Attorney General, of Chicago ( Michael A. Scodro , Solicitor General, and Ann C. Maskaleris , Assistant Attorney General, of counsel), for appellee Motor Vehicle Review Board.

Ira M. Levin and Eric P. Vander Ploeg , both of Burke, Warren, MacKay & Serritella, P.C., of Chicago, for appellees M.E. Fields, Inc., and Yampa Valley Enterprises, Inc.

Kathryn Long , of Hogan Lovells US LLP, of Washington, D.C., and John J. Sullivan and Carl J. Chiappa , both of Hogan Lovells US LLP, of New York, New York, for amicus curiae Alliance of Automobile Manufacturers.

Lawrence R. Doll , of Illinois Automobile Dealers Association, of Springfield, and Dennis M. O'Keefe , of Chicago Automobile Trade Association, of Lake Forest, for amicus curiae.

Presiding Justice Howse and Justice Lavin concurred in the judgment and opinion.


OPINION

JUSTICE FITZGERALD SMITH delivered the judgment of the court, with opinion.

¶ 1 Defendants-appellees M.E. Fields, Inc., d/b/a Fields Infiniti (Fields), and Yampa Valley Enterprises, Inc., d/b/a Fields Infiniti of Lake County (Yampa), filed protests with defendant-appellee the Motor Vehicle Review Board (Board) against plaintiff-appellant Nissan North America, Inc., along with its Infiniti Division (Nissan), with respect to a "Warranty Supplemental...

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