First Class Coach & Equipment, Inc. v. Thomas Built Buses, Inc.
Opinion
After oral argument and careful consideration, we conclude that the judgment of the district court is due to be affirmed. We agree with the district court that the relevant provision of the Florida Motor Vehicle Licensing Act is not applicable to the buses involved here; we agree that deference is due to the agency decision to the same effect. We also agree that plaintiffs common law claims are barred by the release. Because plaintiff has not made a claim that the defendant has breached the territorial or other provisions of the 2003 agreement, and because plaintiffs claims all arise out of, or are in connection with, alleged violations of previous agreements, we conclude that the claims are barred by the release. Finally, because plaintiff has made no persuasive argument that the release is unconscionable, we also agree with the district court’s rejection of that claim.
AFFIRMED.
Reference
- Full Case Name
- FIRST CLASS COACH AND EQUIPMENT, INC., a Florida Corporation, Plaintiff-Appellant, v. THOMAS BUILT BUSES, INC., a North Carolina Corporation, Daimler Chrysler A.G., a German Based Corporation, Defendants-Appellees
- Cited By
- 4 cases
- Status
- Unpublished