By US correspondent Roger RenstromJudge Walter Rice has confirmed Crown Equipment Corporation's right last year to terminate Florida Lift Systems Inc (FLS) as a Crown dealer (
Forkliftaction.com News #187).
On March 9, the judge made an arbitration award final and unsealed his 15-page opinion denying a FLS request for an injunction to prevent Crown's termination of its longstanding Crown dealership.
The judge had sealed the July decision in deference to the arbitration procedure, which concluded on November 22. Arbitrator Robert Stachler, an experienced litigator in Cincinnati, Ohio, determined FLS violated its Crown dealership agreement in representing Toyota's competing line of forklifts.
In early 2004, in separate federal courts, Crown sued FLS on January 13 in Dayton and Toyota Material Handling USA (TMHU) on February 4 in Toledo, Ohio.
Meanwhile, Crown's related federal lawsuit against TMHU is proceeding before Judge David Dowd in Toledo. The judge scheduled a status conference on the litigation for May 12 and directed Crown and TMHU attorneys to complete the discovery process by May 31. No trial date has been set.
Crown sued Irvine, California-based TMHU for wrongful interference with Crown's former agreement with FLS.
Crown cut the FLS sales and service authorisation on November 1 and opened Crown-owned central Florida branches in Orlando and Tampa. FLS continues to represent TMHU in those markets.