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Did Tesla finally win the right to sell cars in Michigan?
Not exactly. Tesla can now show cars in Michigan, repair cars in Michigan and deliver cars in Michigan, but they can’t sell cars there—they can’t transfer title in Michigan.Tesla sued the state of Michigan in September of 2016 in federal district court because the state refused to license Tesla as a car dealer in the state and they further refused to allow Tesla to repair its cars in the state. Michigan made a subtle change to its state law designed to prevent an auto manufacturer from competing with its dealers. The old law wouldn’t apply to Tesla because Tesla has no dealers to compete with. The Michigan legislature removed the word “its” from the law, to make it apply to Tesla. The lawsuit, Tesla Motors, Inc. v. Johnson et al. has been grinding through the legal process for over 3 years now. There is a joint motion now filed by all parties to dismiss the lawsuit with stipulations.This is the proposed order:Tesla v. Johnson | United States District Court | Common LawThe good news is in the stipulations. The first allows Tesla to fix its cars in the state:Under Michigan law (including M.C.L. § 445.1574(1)), Tesla’s status as a manufacturer of motor vehicles does not prevent employees of Tesla from performing warranty, recall, service, or repair work in Michigan so long as the work is not performed at a motor vehicle repair facility that is directly owned by Tesla itself, and that those employees are properly certified as specialty or master mechanics, as appropriate, under M.C.L. § 257.1311.The second stipulation allows Tesla to deliver cars in Michigan:No provision in M.C.L. § 445.1574(1) nor any other provision of Michigan law prohibits Tesla from delivering vehicles to Michigan residents in Michigan (whether directly, through a subsidiary, using an independent carrier, or otherwise), including assisting them with vehicle trade-ins, so long as legal title for any vehicles sold by Tesla transfers outside the state of Michigan, consistent with M.C.L. §§ 440.2106(1) and 440.2401;And the third stipulation allows Tesla to operate “galleries” in which it can show its cars and give test drives, so long at the title is not conveyed there.Neither M.C.L. § 445.1574(1)(h) nor § 445.1574(1)(i) nor any other provision of Michigan law prohibits Tesla from operating one or more galleries in the State to educate customers and facilitate transactions out-of-state so long as Tesla does not transfer legal title to the vehicles within the State consistent with M.C.L. §§ 440.2106(1) and 440.2401. Permissible activities at such a gallery include (but are not limited to) conducting demonstration drives; discussing prices, service, financing, leasing, and trade-ins with potential customers; helping potential customers configure a vehicle; facilitating ordering and purchase of a vehicle for which legal title transfers out-of-state; and facilitating customer transaction paperwork for a sale for which legal title transfers out-of-state;Tesla can operate in Michigan in the same way it does at service points in other states, such as its location in Matthews, North Carolina and Richmond, Virginia. This is a definite win for Tesla, even though a court ruling that Michigan law was an unlawful restraint of trade would have been better.
Is it legal for a judge in the U.S.A. to turn down a case without even first looking at the evidence? If it is legal, then why is it legal, shouldn't everyone be rightfully allowed to plead their case in a court of law?
There are many circumstances under which a judge in the USA not only can, but must, dismiss a lawsuit without first looking at the evidence. Some of the commonest and most obvious ones include:(1) There is no case or controversy.The Constitution imposes a “case or controversy” limitation on lawsuits. We sometimes say this rule means that courts don’t issue advisory opinions.Suppose, for instance, you file a lawsuit against your next-door neighbor and you say, “I’m afraid that next summer my neighbor will trespass on my property by throwing a swimming party in my back yard without my authorization.”The court will dismiss your complaint immediately, without looking at any evidence. There’s no live case or controversy. Your neighbor hasn’t trespassed on your property yet. And summer is six months away, so there’s no threat that your neighbor will trespass on your property within a time frame that requires the court’s immediate intervention.(Fun fact: The first recorded person in SCOTUS history to be zinged by this legal doctrine was George Washington. The year was 1793.)(2) The court lacks jurisdiction over the subject matter of the lawsuit.Federal courts in the US are courts of limited jurisdiction. They can rule on cases only when Congress has authorized them to do so by statute. Congress has enacted statutes that authorize federal courts to issue rulings in cases that involve admiralty law, bankruptcy, patents, lawsuits against the federal government, and many other things. But there are many kinds of lawsuits that a federal court cannot hear.Suppose, for instance, that you are involved in a landlord-tenant dispute. You sue the owner of your apartment building in federal court because you slipped on an icy sidewalk and broke your ankle.The federal court will dismiss your complaint immediately, without looking at any evidence. You filed your case in the wrong court. Claims like this one need to be filed in state court, not federal court.(3) The court lacks personal jurisdiction over the defendant.Courts can issue binding judgments only over people who have some connection with the forum state. The technical term for this is “minimum contacts.”Let’s return to our landlord-tenant dispute. We will suppose that the apartment where you slipped on the icy sidewalk and broke your ankle was located in Michigan. After the accident, you move to Florida. You sue the landlord in Florida state court.The Florida state court will dismiss your complaint immediately, without looking at any evidence. You filed your case in the wrong court. The defendant is located in Michigan and has no contacts with the state of Florida. The incident occurred in Michigan. The witnesses and evidence are all located in Michigan. Not only would this hypothetical lawsuit be subject to dismissal for lack of personal jurisdiction over the defendant, you could also be zinged for improper venue and for filing in an inconvenient forum.(4) The plaintiff has failed to state a valid legal claim.The plaintiff needs to have a viable theory of recovery.Suppose, for instance, you sue me because I wore a green T-shirt to the supermarket.The court will dismiss your complaint immediately, without looking at any evidence. Even if every word of your complaint is true, you can’t recover money damages against me because I wore a green T-shirt to the supermarket.
Donald Trump wants to open the Canada/US border ASAP. Canada says it will not happen until the virus is contained, estimating several more weeks. Who is right?
Canada is right. Currently the State of Michigan has about the same number of coronavirus cases as all of Canada. The number of deaths in Michigan are nearly twice as high as all of Canada. Canada, as a people, have been working very diligently at containment. The coronavirus threat is being taken seriously, and people are adhering to guidelines necessary for public safety.Meanwhile, across the border, An angry mob of irresponsible people descended on the state capitol in Lansing Michigan, waving their AR’s in the air, to demand a relaxation of stay at home rules from the governor. I would expect to see an increase in coronavirus cases in Ingham County, where Lansing is, in 5–11 days.I am a former Michigander, now a Permanent Resident of Canada. I have crossed the border hundreds of times, but now can’t cross to see my grandkids in Michigan. I am a bit surprised Canada is still allowing Canadian health care workers to cross the border into the US to provide care in US medical facilities, but I suppose it is the right thing to do.Until the US gets serious about containment, that border is going to be closed for a long time, irrespective of any of Trump’s incessant ramblings on the matter. If the current absurdity to “re-open the economy” is successful, the border might not open until the virus runs it’s course, which will be a long time coming as the virus is just now taking hold in rural states like Iowa and South Dakota.My daughter and her family very much want to move to Canada. Once this is all over we shall look at the options. She and her family are interested in a country that puts people before profits and take social and civic responsibility as a serious endeavor, as opposed to the freak show they witnessed in Michigan as citizens openly defied the stay at home orders so they could brandish weapons and play the victim card.It’s no surprise that the US has 3 times the infection and death rates that Canada has. That border is going to be closed for awhile. Trump will have nothing to say about it.
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