Product Distribution Litigation

Gould & Ratner represents parties involved in product distribution disputes. The firm's experience includes addressing issues relating to franchise, distributor and dealership law as well as warranty and contract law. Examples of our work in this area include:

• Sales Representative Litigation. Gould & Ratner represented a major outdoor furniture manufacturer sued in Michigan federal court for wrongful termination of a former sales representative's contract, commissions under the contract and violations of antitrust law (horizontal market allocation). We defended and settled the case very favorably for our client, which amounted to nuisance value.
• Non-Compete Arbitration. The firm is representing a truck trailer manufacturer in arbitration resulting from a violation of a covenant not to compete in an asset purchase agreement between the manufacturer and a dealer. The issues in this case involve territorial restrictions on dealers. The case is currently pending.
• Warranty Litigation. Gould & Ratner defended a truck trailer manufacturer in a warranty case filed in federal court in Mississippi, in which the plaintiff claimed many of the 300 trailers purchased from the manufacturer were experiencing bowing floors because of weak steel cross-beams. The plaintiff claimed damages of $6 million in the suit. Through vigorous discovery and motion practice, virtually the entire claim was discredited. The plaintiff settled for replacement of less than a dozen floor kits. This case led to our firm rewriting the trailer manufacturer's warranty to strengthen its language, which the plaintiff’s counsel had seized on a weakness.
• Dealership Agreement Litigation. The firm was retained in this case, filed in Minnesota state court, by a dealer that alleged wrongful interference with his dealership agreement, claiming that another dealer was allowed into his exclusive territory. The case settled after extensive negotiations.
• Franchise Litigation. Gould & Ratner successfully defended a retail yogurt franchisor in a statutory fraud claim brought by a franchisee against our client. The trial court dismissed the case, concluding that the alleged oral statements could not form the basis of the claim, in light of the clear disclaimers in the franchise documents.
• Trademark Enforcement. Gould & Ratner has represented a major Chicago-based cheese producer in trademark enforcement matters, and has obtained restraining orders, injunctions and other relief by judgment and by settlement in the U.S. District Court in such disputes.  
• Automotive Franchise Litigation. Gould & Ratner was retained by a Chicago area automobile dealer in a dispute with the franchisor over continuation of the franchise rights and placement of a new dealership within a few miles of our client's 46 year old facility. After litigating the matter before the Illinois Motor Vehicle Review Board, we were able to settle the case on favorable terms for our client.