Mark T. Clouatre

Representative Cases

• Santa Monica CJDR v. FCA US (California New Motor Vehicle Board 2021) — In April 2021, represented FCA in a 4–week Zoom trial before the California New Motor Vehicle Board, in which the dealer alleged statutory violations relating to a sales incentive audit, non–payment of sales incentives claims, and promotional allowance funds. Decision pending.
• Client Automaker v. Cal. New Motor Veh. Board. (Cal. Super. Ct. Los Angeles Cnty. 2020) — Voided ruling by California New Motor Vehicle Board that clients performance standard violated the California Vehicle Code on the basis that the Board’s ruling exceeded its jurisdiction.
• South County CDJR v. FCA US (California New Motor Vehicle Board 2020) — After obtaining summary dismissal of dealer’s claims before administrative law judge and California New Motor Vehicle Board, successfully terminated the franchise agreement between an automobile manufacturer and a California new motor vehicle dealer.
• Larrscoran Management LLC d/b/a Bossier Chrysler Dodge Jeep v. FCA US LLC (Texas New Motor Vehicle Board 2020) — Successfully represented FCA before the Texas New Motor Vehicle Board involving a dealer's claim regarding an allegedly improper sales incentive audit with allegations of fraud and forgery, which led to the dealer’s termination. 
• Client Automaker v. Iowa Dep’t of Transp. (Iowa Dist. Ct. Polk Cnty. 2020) — Obtained writ reversing adverse decision by Iowa Department of Transportation in termination case and remanding for further consideration.
• Peninsula Automotive Partners III, LLC v. Client Automaker. (Cal. N.M.V.B. 2019) —  Achieved dismissal of termination protest for client at outset of case and without merits hearing.
• Burns Motors, Ltd. v. FCA US LLC (Dist. Ct. Hidalgo County, Texas 2019) — Represented client in a civil suit alleging various breaches of contract and business tort claims with alleged damages in the eight–figure range, which resulted in favorable result for client prior to trial.
• Blue Skies EL 600, LLC, et al. v. United Airlines, Inc., 1:19–cv–02002 (U.S. Dist. Ct. Colo. 2019) — Guided client to a favorable result and dismissal of a lawsuit filed against it by the owner of a private jet arising out of an on–ground aircraft collision.
• Perry Motors of National City v. FCA US (California New Motor Vehicle Board 2019) — Successfully represented client in an establishment dispute raised by a neighboring new motor vehicle dealer in San Diego.
• Spears v. Deep Space Exploration LLC, d/b/a Deep Space Ventures, et al., 1:18–cv–00445 (U.S. Dist. Ct. Colo. 2018) — Guided client to a favorable result and dismissal of negligence and respondeat superior claims involving a former employee, and his alleged interactions with the claimant.
• Sioux City Truck Sales, Inc. v. Peterbilt Motors Company (Iowa Division of Inspection and Appeals 2018) — After trial, secured establishment of a new dealership, which has been subsequently affirmed by the Iowa Department of Transportation and Iowa district court.
• Mathew Enterprise v. FCA US LLC (9th Cir. 2018) — Successfully defended client and district court’s dismissal of claims against client for various claims, including claim for violation of Automobile Dealers’ Day in Court Act, breach of implied covenant of good faith and fair dealing, and novel claim of constructive termination, resulting complete affirmation of district court decision.
• Mathew Enterprise v. FCA US LLC (N.D. Cal. 2017) — Obtained complete Rule 12(b) dismissal for client on multiple claims against client in two separate federal district court cases, including claims for violation of Automobile Dealers’ Day in Court Act, breach of implied covenant of good faith and fair dealing, violation of California Vehicle Code, and novel claim for constructive termination.
• Burns Motors, Ltd. v. Payne Edinburg, LLC and FCA US LLC (Texas New Motor Vehicle Board 2017) — After multiple–week trial, successfully represented client in challenge to establishment of a new dealer by an existing dealer, which resulted in Texas New Motor Vehicle Board approving the establishment of the new dealer.
• West Colorado Motors (AutoNation) v. Client Automaker (Colo. Sup. Ct. 2017) — Obtained reversal of certiorari from the Colorado Supreme Court in a dealer relocation dispute.
• Atkission v. FCA US LLC (Texas New Motor Vehicle Board 2016) — After one–week trial, Texas Administrative Law Judge found client had proved good cause and recommended termination of dealer, which was affirmed by the Texas New Motor Vehicle Board, resulting in the dealer’s termination. 
• Hooman v. FCA US LLC (California New Motor Vehicle Board 2016) — After a one–week trial regarding a dealer's claim of an allegedly improper sales incentive audit, achieved a complete win at the trial level, successfully defended the win before the California New Motor Vehicle Board when it affirmed and adopted the proposed order in favor of the client, and successfully defended against a subsequent appellate writ filed by the dealer.
• Mathew Enterprise v. Chrysler Group (Cal. Super. Ct. Santa Clara Cnty. 2015) —  Following one–month long trial in California state court, received complete defense decision in multi–year lawsuit alleging statutory, fraud, and contract claims against client. Successfully defended appeal and obtained award of attorney’s fees and costs.
• Dependable Dodge v. FCA  (2016) — Represented FCA in a three–week trial involving a dealer’s claim of wrongful termination under the California statute.  Decision pending
• Sundin v. United Airlines (Colo. Ct. App. 2015) — Affirmation from the Colorado Court of Appeals for United Airlines in a matter of first impression. The appellant claimed she was injured while boarding a flight when a fellow passenger dropped his carry–on bag on her head. The case involved multistate choice of law issues, and the Court of Appeals entirely adopted defendant’s position in affirming the trial court's prior dismissal of the lawsuit
• Century Motor v. FCA US (Mo. Ct. App. E.D.) — Appeal for FCA (Chrysler) in the Missouri Court of Appeals relating to a 2014 jury trial won for Chrysler. Following trial, the judge entered a declaration in favor of the plaintiff on one remaining count. The Court of Appeals reversed following defendant’s argument
• Century Motor v. Chrysler (Mo. 2014) — Jury verdict for Chrysler Group LLC in a Missouri lawsuit involving an automobile dealer plaintiff claiming damages of tens of millions of dollars.
• Defended Chrysler Group against an automobile dealership's allegations of oppressive and unreasonable terms in a letter of intent to enter into a franchise agreement after Chrysler's bankruptcy in a franchise case of national significance.
• Obtained summary judgment for Chrysler in a preemption case involving the award of future franchises.
• Co–managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC and following Chrysler's termination of those dealerships. 187 of these Section 747 arbitrations were litigated, and, as directed by Congress, all resolved within seven months.
• Century Motor v. Ed Bergen (E.D. Mo. Bankr.; S.D.N.Y. Bankr.) — successfully defended 12 officers, directors, and employees of Chrysler LLC against claims brought by a rejected dealer relating to the 2009 Chrysler bankruptcy.
• In re Old Carco (S.D.N.Y. Bankr. 2009) — Dismissal of all claims by dealers in several states asserting that Chrysler Group LLC, which succeeded Chrysler LLC following its 2009 bankruptcy, was essentially obligated to assume the contracts of dealers that had been rejected by Chrysler LLC during bankruptcy proceedings.
• Larry Menke v. DaimlerChrysler, 90 Cal. Rptr. 3d 389 (2009) — Affirmation for Chrysler before the California Court of Appeals in an opinion that established favorable precedent for manufacturers operating in California. The Court affirmed a trial court's complete dismissal of claims against Chrysler for rejecting a prospective dealership purchaser.
• Thunder Mountain Custom Cycles v. Thiessen Products, 72 F.3d 604 (D. Colo. 2008) — Dismissal of claims against a manufacturer of high–end motorcycle parts in a product liability case in federal court in Colorado. Following dismissal of plaintiff's claims, client was awarded more than $1 million on its counterclaim of payments owed.
• Thompson's Auto & Truck Center v. DaimlerChrysler (Cal. N.M.V.B. 2006) — Represented DaimlerChrysler before the California New Motor Vehicle Board in a protest filed by a dealer terminated for relocating without authorization. The Board upheld the termination, finding it was based upon good cause. Win affirmed on appeal.
• Anchorage Chrysler Center v. DaimlerChrysler, 129 P.3d 905 (Alaska 2006) — Defense judgment on remand by the Alaska Supreme Court in a case involving claims of misrepresentation and breach of contract against client DaimlerChrysler.
• Perez Investments v. DaimlerChrysler (Tex. D.M.V. 2005) — Guided client to a settlement during the trial of a multimillion–dollar damages claim brought by a franchisee.
• Anchorage Chrysler Center v. DaimlerChrysler, 129 P.3d 905 (Alaska 2006) — Defense judgment after a six–week trial for DaimlerChrysler against a dealer seeking more than $15 million in damages. Defended the case on remand and in two subsequent appeals.
• Larry Menke v. DaimlerChrysler (Cal.) — Dismissal from a California trial court at the demurrer stage after client had rejected the plaintiff's attempt to purchase a motor vehicle dealership. Defended the win on appeal.
• Navajo v. Volvo Trucks (Colo.) — Obtained full summary judgment in a commercial dispute in which the plaintiff sought millions of dollars in damages.
• Clutter Motors v. Antelope Valley Nissan (Cal. Los Angeles Cnty. Super. Ct. 2002) — Verdict for Chrysler in a bench trial involving tort and statutory complaints arising out of a failed buy–sell transaction involving multiple franchises.
• Kenwood Lincoln–Mercury v. DaimlerChrysler (Ohio Ct. App. 2002) — Defense decision for DaimlerChrysler in a suit brought by a dealer alleging various breaches of contract and other business tort claims.
• Streeter Imports v. Mercedes–Benz, 105 P.3d 818 (Nev. 2001) — Appeal of a trial court decision by the Nevada Department of Motor Vehicles & Public Safety that a dealer's unauthorized acquisition and sale of a new make of vehicle, distributed by our client but not covered under the existing dealer agreement, constituted good cause to terminate the dealer.
• Clutter Motors v. DaimlerChrysler (Cal. N.M.V.B. 2001) — Dismissal of a dealer's attempt to block a chargeback following a sales incentive audit, arguing that the California New Motor Vehicle Board did not have the authority to issue injunctive relief to a dealer that protested the chargeback.
• Colorado Pathology Consultants v. PST Services & PST Products — Represented a medical billing services client against breach of contract claims and reached a favorable settlement following trial but before the court issued judgment.

Previous Professional Experience

• Attorney at a Denver–based law firm
• Attorney in the Dallas office of an international law firm
• Southern Methodist University Dedman School of Law Trial President, SMU Law Review Association (1994–1995); Advocacy Program Instructor (1994–1995)

Educational Activities

• Southern Methodist University Dedman School of Law
  • Teaching Assistant