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Vehicle Titling and Licensing

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District Court (Tex.) Disagrees with 8th Circuit’s Analysis of Graves Amendment on Lessor Vicarious Liability; Allows Negligent Entrustment Claim to Proceed

by Scott J. Hyman |

In Fuller v. Biggs, No. 3:20-CV-2146-G, 2021 U.S. Dist. LEXIS 64672, at *14-17 (N.D. Tex. Apr. 2, 2021), Judge Fish allowed a personal injury claim to proceed against the lessor of a vehicle.  The facts were as follows: This suit arises out of a motor vehicle collision involving the plaintiffs and Scott Biggs ("Biggs").1Link to the text of the note On… Read More

Cal. Court of Appeal Finds that Vehicle Wholesaler Consigned Vehicle to Defunct Auto Dealer, but Floorplanner’s Security Interest Held Subordinate to Wholesaler’s Because Floorplanner Knew of Consignment

by Scott J. Hyman |

In Fariba v. Dealer Services Corp., 2009 WL 3191538 (2009), the California Court of Appeal for the Fourth District held that a floorplan lender's security interest was subordinate to an automobile wholesaler's ownership interest because, under consignment law, the floorplan lender knew that the defunct dealer dealt in consignment sales.  The facts were as follows: Plaintiff Behyar Fariba is an automobile… Read More