WTO wins reversal for DaimlerChrysler
DaimlerChrysler v. Mississippi Motor Vehicle Commission
(Miss. Lincoln County Ch. Ct. 2005)
The court found on appeal the Commission acted arbitrarily, and in violation of due process, in ruling that time to exercise right of first refusal ran from receipt of the buy-sell agreement itself. The court reversed the decision of the Commission and concluded our client's 60-day period to exercise its right of first refusal under the Mississippi dealer act runs from receipt of the proposed buyer's completed application package, under the language of the Mississippi transfer provision.