Cases
Representative Cases: Over 20 years, Mark Clouatre has represented major manufacturers including FCA (Chrysler)
Mercedes-Benz USA in dealer disputes
other complex commercial litigation. He also represents sophisticated clients, including airlines
shipping providers, in commercial, employment, personal injury,
product liability lawsuits.
West Colorado Motors v. General Motors (Colo. Ct. App. 2016) - Successfully defended General Motors in the relocation of an automobile dealership in which the plaintiff alleged that GM unreasonably approved the dealership's move.
Atkission v. FCA (2016) - Represented FCA in a one-week trial involving a dealer's wrongful termination claim under Texas statute. Decision pending.
Hooman v. FCA (2016) - Represented FCA in a one-week trial in California involving a dealer's claim regarding an allegedly improper sales incentive audit. Decision pending.
Sundin v. United Airlines (Colo. Ct. App. 2015) - Won complete affirmation from the Colorado Court of Appeals for United Airlines in a matter of first impression. The appellant claimed she was injured while boarding a flight when a fellow passenger dropped his carry-on bag on her head. The case involved multistate choice of law issues,
the Court of Appeals entirely adopted WTO's position in affirming the trial court's prior dismissal of the lawsuit.
Mathew Enterprise v. Chrysler Group (Cal. Super. Ct. Santa Clara Cnty. 2015) - Won a complete defense decision following a month-long, California trial for Chrysler Group
Chrysler Realty in a five year, $50 million lawsuit including statutory, fraud,
contract claims.
Century Motor v. FCA US (Mo. Ct. App. E.D.) - Won a significant appeal for FCA (Chrysler) in the Missouri Court of Appeals relating to a 2014 jury trial WTO won for Chrysler. Following trial, the judge entered a declaration in favor of the plaintiff on one remaining count. The Court of Appeals reversed following WTO's successful argument.
Century Motor v. Chrysler (Mo. 2014) - Won a complete jury verdict for Chrysler Group LLC in a Missouri lawsuit involving an automobile dealer plaintiff claiming damages of tens of millions of dollars.
Successfully defended Chrysler Group against an automobile dealership's allegations of oppressive
unreasonable terms in a letter of intent to enter into a franchise agreement after Chrysler's bankruptcy in a franchise case of national significance.
Obtained summary judgment for Chrysler in a preemption case involving the award of future franchises.
Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC
following Chrysler's termination of those dealerships. WTO litigated 187 of these Section 747 arbitrations,
, as directed by Congress, resolved all of the litigation within seven months.
Century Motor v. Ed Bergen (E.D. Mo. Bankr.
S.D.N.Y. Bankr.) - Successfully defended 12 officers, directors,
employees of Chrysler LLC against claims brought by a rejected dealer relating to the 2009 Chrysler bankruptcy.
In re Old Carco (S.D.N.Y. Bankr. 2009) - Obtained voluntary dismissal of all claims by dealers in several states asserting that Chrysler Group LLC, which succeeded Chrysler LLC following its 2009 bankruptcy, was essentially obligated to assume the contracts of dealers that had been rejected by Chrysler LLC during bankruptcy proceedings.
Larry Menke v. DaimlerChrysler, 90 Cal. Rptr. 3d 389 (2009) - Won affirmation for Chrysler before the California Court of Appeals in an opinion that established favorable precedent for manufacturers operating in California. The Court affirmed a trial court's complete dismissal of claims against Chrysler for rejecting a prospective dealership purchaser.
Thunder Mountain Custom Cycles v. Thiessen Products, 72 F.3d 604 (D. Colo. 2008) - Obtained dismissal of claims against a manufacturer of high-end motorcycle parts in a product liability case in federal court in Colorado. Following dismissal of plaintiff's claims, WTO's client was awarded over $1 million on its counterclaim of payments owed.
Thompson's Auto & Truck Center v. DaimlerChrysler (Cal. N.M.V.B. 2006) - Successfully represented DaimlerChrysler before the California New Motor Vehicle Board in a protest filed by a dealer terminated for relocating without authorization. The Board upheld the termination, finding it was based upon good cause. WTO affirmed the win on appeal.
Anchorage Chrysler Center v. DaimlerChrysler, 129 P.3d 905 (Alaska 2006) - Won a complete defense judgment on rem
by the Alaska Supreme Court in a case involving claims of misrepresentation
breach of contract against WTO's client, DaimlerChrysler.
Perez Investments v. DaimlerChrysler (Tex. D.M.V. 2005) - Guided our client to a successful settlement during the trial of a multimillion-dollar damages claim brought by a franchisee.
Anchorage Chrysler Center v. DaimlerChrysler, 129 P.3d 905 (Alaska 2006) - Won a complete defense judgment after a six-week trial for DaimlerChrysler against a dealer seeking over $15 million in damages. WTO successfully defended the case on rem
in two subsequent appeals.
Larry Menke v. DaimlerChrysler (Cal.) - Obtained complete dismissal from a California trial court at the demurrer stage after our client had rejected the plaintiff's attempt to purchase a motor vehicle dealership. WTO successfully defended the win on appeal.
Navajo v. Volvo Trucks (Colo.) - Obtained complete summary judgment in a commercial dispute in which the plaintiff sought millions of dollars in damages.
Clutter Motors v. Antelope Valley Nissan (Cal. Los Angeles Cnty. Super. Ct. 2002) - Won a complete verdict for Chrysler in a bench trial involving tort
statutory complaints arising out of a failed buy-sell transaction involving multiple franchises.
Kenwood Lincoln-Mercury v. DaimlerChrysler (Ohio Ct. App. 2002) - Successfully tried
won a complete defense decision for DaimlerChrysler in a suit brought by a dealer alleging various breaches of contract
other business tort claims.
Streeter Imports v. Mercedes-Benz, 105 P.3d 818 (Nev. 2001) - Won an appeal of a trial court decision by the Nevada Department of Motor Vehicles & Public Safety that a dealer's unauthorized acquisition
sale of a new make of vehicle, distributed by our client but not covered under the existing dealer agreement, constituted good cause to terminate the dealer.
Clutter Motors v. DaimlerChrysler (Cal. N.M.V.B. 2001) - Won dismissal of a dealer's attempt to block a chargeback following a sales incentive audit, arguing that the California New Motor Vehicle Board did not have the authority to issue injunctive relief to a dealer that protested the chargeback.
Colorado Pathology Consultants v. PST Services & PST Products - Represented a medical billing services client against breach of contract claims
reached a favorable settlement following trial but before the court issued judgment.
