WTO secures ruling for Mercedes-Benz USA in California

Fresno Motors v. Mercedes-Benz (E.D. Cal. 2010)

Mercedes-Benz USA (MBUSA) dealer Fresno Motors petitioned to compel MBUSA to submit to arbitration following a breakdown in negotiations on an acceptable asset purchase agreement (APA) between Fresno Motors and Asbury Fresno Imports. Fresno Motors asserted that MBUSA "refused to follow through on its prior promises and agreements" and this, in turn, prompted Asbury to demand "significant concessions from Fresno Motors that materially differed from the terms of the APA." When Fresno Motors refused to accept the concessions, Asbury terminated the APA and all related agreements and negotiations.

On March 22, 2010, the Court denied Fresno Motors' petition to compel MBUSA to arbitration.

Secured a ruling from the U.S. District Court for the Eastern District of California that denied a dealership's petition to compel WTO's client, Mercedes-Benz USA, to submit to arbitration regarding an asset purchase agreement.