STRIKE FOUR v. NISSAN NORTH AMERICA, INC.

No. 2012-193.

64 A.3d 936 (2013)

STRIKE FOUR, LLC v. NISSAN NORTH AMERICA, INC.

Supreme Court of New Hampshire.

Opinion Issued: April 12, 2013.


Attorney(s) appearing for the Case

Holmes Law Offices PLLC, of Concord, ( Gregory A. Holmes on the brief and orally), and McDowell & Osburn, P.A., of Manchester ( Elizabeth M. Leonard on the brief), for the petitioner.

Bingham McCutchen LLP, of Boston, Massachusetts ( William N. Berkowitz and another on the brief, and Mr. Berkowitz orally), for the respondent.

Baker Hostetler LLP, of Columbus, Ohio ( Elizabeth A. McNellie on the brief), and Cullen Collimore PLLC, of Nashua ( Brian J.S. Cullen on the brief), for the Association of Global Automakers, Inc., as amicus curiae.

Douglas, Leonard & Garvey, P.C., of Concord ( Charles G. Douglas, III on the brief), for the National Automobile Dealers Association, and Peter J. McNamara , of Concord, by brief, for New Hampshire Automobile Dealers Association, as amici curiae.


CONBOY, J.

The respondent, Nissan North America, Inc. (Nissan), appeals a decision of the Superior Court (Vaughan, J.) vacating a decision of the New Hampshire Motor Vehicle Industry Board (Board) and ruling that RSA chapter 357-C (Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers) renders unenforceable a provision of a written settlement agreement between Nissan and the petitioner, Strike Four, LLC, a Nissan dealer...

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