HUBLER CHEVROLET, INC. V. GENERAL MOTORS CORPORATION
193 F.R.D. 574 (2000)
NATURE OF THE CASE: Hubler (Ps) moved for class action certification for their suit against GM (D) for a marketing scheme that violated the Indiana Deceptive Franchise Practices Act and constituted criminal conversion and unjust enrichment.
FACTS: Ps sell vehicles manufactured by D. Ps claim that D unlawfully altered its marketing program. Ps authorized D's collection of a one percent charge because D redistributed the money to regional dealer marketing groups (DMGs) for use in local advertising campaigns. D began to retain the monies announcing that it would now spend this money on national advertising. Ps sought disgorgement of illegal benefits that D has derived from its marketing program, treble damages for conversion, and attorney fees. Ps moved for certification of a class defined as all D dealers located in Indiana.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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