“From a dealer’s perspective, and from testimony at the hearing, it does not appear that the non-retail sales policy is a major issue confronting Harley-Davidson at this time. Therefore, levying what is essentially a ‘death penalty’ upon the dealership is disproportionate to the harm to [Harley-Davidson] caused by [Laidlaw’s] actions,” attorneys argued.
Implications 'disastrous.' Although the judge gave Laidlaw’s another chance, Harley-Davidson says the implications are disastrous. “If the NRSP is not enforced though termination in this precedent-setting case, which involved an extraordinarily large number of violations, Harley-Davidson’s ability to enforce the core obligations at issue will be gutted,” the Motor Co. stated in its reply. “The consequences will be disastrous for Harley-Davidson, the public and Harley-Davidson’s hundreds of authorized dealers around the world that, unlike Laidlaw’s, uphold their contractual commitments.”
A footnote to the administrative decision stated that the Motor Co.’s allegations against Laidlaw’s are “similar factual allegations” to ones in another pending case involving Skip Fordyce Harley-Davidson in Riverside, Calif. The attorneys in the Laidlaw’s case are also representing Fordyce, and they are facing the same counsel from the Motor Co. A decision in that case is expected to be finalized in August.
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