AEM vs North Dakota – AEM Industry Advisor Article
Our notes on page:
AEM address their actions in North Dakota in Sepetember 7 Industry Advisor e-mail and on their website without dealing with their defense of "dealer purity" or any details of suit. A link was provided to the bill but no link to any legal document, which are part of the public record.
N.D. Farm Equipment Dealer Law
Takes Effect as AEM Wages Legal Challenge
AEM and four of its manufacturer member companies filed suit in federal district court in North Dakota on July 24, 2017 challenging North Dakota Senate Bill 2289, which enacts changes to the state’s farm equipment dealership law. Plaintiffs seek a court order granting a preliminary and permanent injunction to void, and bar the enforcement of, the newly-enacted amendments.
SB 2289 took effect on August 1, 2017. While the North Dakota attorney general has agreed not to seek enforcement of the new law pending the court’s decision on the injunction request, manufacturers and dealers are now considered subject to its terms. The law’s most likely immediate impact is on product warranty claims accruing on or after August 1, 2017.
The state’s response to the complaint is due on September 30, 2017. The court has scheduled a half-day hearing on plaintiffs’ injunction request for November 7, 2017. It’s not known when the court will issue its decision.
Also, the North Dakota Implement Dealers Association has requested court approval to intervene in the case in support of the state. That request is awaiting the court’s decision.