Business Torts

Our firm has litigated business tort cases since the 1980’s in state and federal courts in North Carolina, South Carolina, Maryland, Florida, Arizona and Texas. Most recently, Don Beskind and Don Strickland served as members of the Plaintiffs’ Executive Committee in a Federal Multi-District Litigation in Baltimore, Maryland, known as In re American Honda Motor Co., Inc., Dealerships Relations Litigation (MDL 1069) that resulted in a $330 million settlement on behalf of more than 1400 class action and direct action plaintiffs. Our firm represented 16 direct action current and former Honda dealers who did not receive their fair allocation of Honda cars because of a nationwide bribery and kickback scheme by Honda executives and several large Honda dealers. The scheme diverted cars that should have gone to the plaintiffs to dealers who paid bribes to Honda executives. The case settled in 1998 for $330 million, which was the largest civil RICO settlement in the United States. Of that amount, our 16 clients received over $70 million.

The 1998 case spawned a second class action case based on allegations that Honda withheld evidence and obstructed justice in the first case. In this second action, Don Beskind and Don Strickland again served on the Plaintiffs’ Executive Committee, representing a nationwide class of Honda dealers. Don Strickland also served as the lead negotiator for the plaintiffs. That case, which concluded in 2002, settled for $60 million.

Some of the other business tort cases, in which our firm has represented individual action and class actions plaintiffs, are listed below. All of our cases cannot be reported because some settlement agreements include confidentiality clauses barring us from publicizing any aspect of those cases.
 

	Auto Dealer Sued Manufacturer – Cars Unlawfully Diverted – Lost Earnings – Fraud – Unfair Trade Practices – Breach of Contract $5 Million Settlement. N.C. Superior Court (2000). N.C.L.W. - HS
	Former Auto Dealer Sued Manufacturer and Others – Claimed Cars Diverted – Lost Earnings – Business Failed – Fraud – Unfair Trade Practices – Breach of Contract - $3 Million Settlement. N.C. Superior Court (2000). N.C.L.W. - HS
	Exclusive Agents and Division Managers Sued Employer, a National Mutual Insurance Company - Unfair and Deceptive Trade Practices – Fraud - Unlawful Restraint of Trade - Wrongful Termination - Breach of Contract - Intentional and Negligent Misrepresentations $46.7 Million Class Settlement. Howard Twiggs and Jay Trehy were members of the Plaintiffs’ Executive Committee. Howard Twiggs also served as the Lead Negotiator for the plaintiffs. Texas State District Court (1997).
	Auto Dealer Sued Distributor – Dealer Forced out of Business – Unfair and Deceptive Trade Practices – Fraud - Release Obtained by Fraud and Duress - $5.9 Million Settlement. N.C. Superior Court (1993). N.C.L.W. - HS
	Auto Dealer Sued Distributor - Plaintiff Fraudulently Induced to Buy Rural Auto Dealership – Not Allowed to Relocate – Forced Out of Business - Fraud – Unfair and Deceptive Trade Practices - Civil RICO $6 Million Settlement. United Stated District Courts in South Carolina and Florida (1993). N.C.L.W. - HS
	Snap-On Tools Dealers sued Snap-On Tools Corporation – Unfair and Deceptive Trade Practices – Fraud - Punitive Damages $5 Million Punitive Damages Verdict – Total Recovery For Twelve Dealers $6,652,432. N.C. Superior Court (1992). N.C.L.W. - HS
		Tool Company is Hit With $5.3 Million Fraud Verdict. N.C.L.W. (1992) – HS
		‘Set Up to Fail,’ Says Former Dealer. N.C.L.W. (1992) - HS
		Snap-On Tools Ordered to Pay $7 Million. The News & Observer (November 12, 1992) - HS
	Toyota Dealers sued Automobile Distributor – Violation of N.C. Division of Motor Vehicles Consent Decree – Perjury – Obstruction Of Justice - Attempted Obstruction of Justice – Distributor Fined $3 Million – Largest Fine in N.C. History. Don Strickland and Don Beskind litigated the case as Private Attorneys General. N.C. Superior Court (1991).
	John Doe Retailer sued John Doe Distributor and Others – Unfair and Deceptive Trade Practices – Fraud – Violation of Statutory Regulations - $25 Million Settlement. United States District Court in North Carolina (1988).
	John Doe Retailer sued Distributor and Others – Unfair and Deceptive Trade Practices – Fraud – Violation of Statutory Regulations $2.9 Million Settlement. N.C. Superior Court (1988)

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