News & Analysis as of

Uniform Commercial Code (UCC) Automotive Industry

Warner Norcross + Judd

Less Than a Year After AirBoss, Federal Appeals Court Faces New Case with Potentially Far-reaching Implications for Suppliers

Warner Norcross + Judd on

As this blog previously reported, the Michigan Supreme Court recently issued a landmark decision in MSSC, Inc. v. AirBoss Flexible Prods. Co. Warner represented the prevailing party, AirBoss. In that case, the court held that...more

Foley & Lardner LLP

Key Issues for Suppliers to Consider in Preparing for an Impending Strike by the UAW

Foley & Lardner LLP on

The United Auto Workers (UAW) Union’s contracts with General Motors, Ford, and Stellantis are set to expire on September 14, 2023. Concerns are growing among the automotive supply base about the impact of a walkout by UAW...more

Bodman

Michigan Supreme Court Overrules Court of Appeals Decision in MSSC, Inc. v. Airboss Flexible Products Co.

Bodman on

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies that took place on...more

Warner Norcross + Judd

Michigan Supreme Court Rules in Favor of AirBoss in Landmark Auto Supplier Case

Warner Norcross + Judd on

MSSC, Inc. v. AirBoss Flexible Prods. Co. is the first case to interpret a key provision of the Uniform Commercial Code in nearly 40 years – and one that will reverberate for suppliers up and down the supply chain. The...more

Miller Canfield

New Michigan Supreme Court Ruling: A Must-Read for All Automotive and Manufacturing Companies

Miller Canfield on

Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - What Type of Contract Did You Enter Into? Hybrid Automotive Supplier Contracts and the...

Warner Norcross + Judd on

Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)...more

Stinson LLP

Missouri Supreme Court Holds Consumer Arbitration Agreements Enforceable

Stinson LLP on

On Tuesday, July 12, 2022, the Missouri Supreme Court issued a unanimous opinion in Bridgecrest Acceptance Corporation v. Kelly Donaldson and Robert Haulcy, No. SC99269 and Bridgecrest Acceptance Corporation v. Christopher...more

Hudson Cook, LLP

Recent Settlement with Massachusetts AG Addresses Compliance Emphasis on Collection Calls, Repossession Notices, and Service...

Hudson Cook, LLP on

On September 1, 2021, the Commonwealth of Massachusetts, through the Massachusetts attorney general, entered into a settlement agreement and related Assurance of Discontinuance with a sales finance company. The AOD identifies...more

Foley & Lardner LLP

Impacts of COVID-19 on Automotive Suppliers

Foley & Lardner LLP on

...Given that the original epicenter of the coronavirus was the important worldwide manufacturing hub of Wuhan, China, the automotive industry was swiftly and seriously impacted in ways that continue one year later. The...more

Foley & Lardner LLP

With Rising Raw Material Prices, Companies Should Prepare For Pressures on the Supply Chain

Foley & Lardner LLP on

As we have covered previously, earlier declines in demand for most raw materials during the early months of the coronavirus pandemic caused many suppliers to reduce capacity. This is now resulting in higher prices and more...more

Foley & Lardner LLP

Managing Warranty Disputes in the Age of COVID-19

Foley & Lardner LLP on

While nearly every facet of the economy has been affected by COVID-19, the automotive industry remains one of the sectors most affected. The industry continues to face the double impact of declining sales and increasing...more

Foley & Lardner LLP

Auto Supply Chain Price Disputes During COVID-19

Foley & Lardner LLP on

To say that COVID-19 has wrought havoc on automotive supply chains this year may be an understatement. With significant portions of their supply chains located in China, automotive suppliers and their customers had to contend...more

Foley & Lardner LLP

How to Navigate COVID-19 Driven Requests for Price Increases in the Automotive Supply Chain

Foley & Lardner LLP on

To say that COVID-19 has wrought havoc on automotive supply chains over the last 8-12 months may be an understatement. With significant portions of their supply chain located in China, automotive suppliers and their...more

Hudson Cook, LLP

Old Whine in a New Bottle

Hudson Cook, LLP on

Two recent events got me thinking. The first was a new car purchase. Finally persuaded that the newer cars had safety features that were truly life-saving and accident-reducing, my wife and I opted to replace the old bus...more

Foley & Lardner LLP

Are Your Suppliers in Trouble? Warning Signs and What to Do

Foley & Lardner LLP on

While the U.S. economy overall is strong, there are risks that will likely affect the automotive supply chain in the coming year. These include tariffs on products such as steel and aluminum, and continuing trade disputes...more

Foley & Lardner LLP

Managing Warranty, Recall, and Litigation Risk for Automotive Suppliers

Foley & Lardner LLP on

Although the number of total vehicle recall campaigns is likely to be down this year, lower volume recall campaigns are expected to continue to trend upwards, including those involving electrical system components. ...more

Foley & Lardner LLP

Understanding The Warranty Of Fitness For Particular Purpose In The Automotive Supply Chain

Foley & Lardner LLP on

For automotive suppliers, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods. This article will address one particular kind of warranty – the...more

Jones Day

Mitigating Product Liability for Artificial Intelligence

Jones Day on

The Situation: New technologies incorporating AI create questions about how product liability principles will apply and adapt. The Issue: Legislatures and courts have not addressed how product liability laws apply to new...more

Foley & Lardner LLP

Protecting Your Supply Chain in the Face of Potential Auto Industry Challenges in 2018

Foley & Lardner LLP on

As the economy has improved and unemployment has fallen in the nearly 10 years since the Great Recession, North American vehicle sales volumes have also steadily increased and the forecast remains strong for 2018. Bloomberg...more

Foley & Lardner LLP

Commercial Contract Risk in 2017

Foley & Lardner LLP on

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Maynard Nexsen

SC Court of Appeals Holds 6-Year Statute of Limitations Does Not Apply - UCC claim was filed against automotive lender

Maynard Nexsen on

You may have read about South Carolina Court of Appeals’ decision to extend the 6-year statute of limitations to UCC claims involving secured transactions arising out of automobile purchases. In Delaney v. First Financial of...more

Foley & Lardner LLP

Manufacturing Contracts in Distress

Foley & Lardner LLP on

The automotive industry has recently enjoyed a strong period of sales growth and productivity. But even during this period, some manufacturers and raw materials suppliers continue to face pressures presented by financially...more

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