ZAP Lawsuit Latest

[MicroNut]

You may be aware that ZAP has been attempting to sue Daimler for $500 million as a result of its ill-starred attempt to import gray market smarts in 2005.

The original California lawsuit, which named DaimlerChrysler, smart and some individual smart executives as defendants, was dismissed when the defendants argued successfully that the California courts had no jurisdiction in the matter.

ZAP appealed that decision, and today the California Court of Appeals issued its opinion affirming the trail court's decision in full, and awarding costs in favor of the defendants.

The full decision is available here:

http://www.courtinfo.ca.gov/opinions/nonpub/B193331.PDF

[the_dude]

i'm a first-year law student, and we were just talking about the exact legal principal involved in this case today in class. (not this exact case, but the personal jurisdiction issue). pretty cool!

[SmartPassion]

Interesting study in civil procedure.

[KeyserSoze]

After all the drama I've been through with ZAP and their shenanigans, this is GREAT news, they got what they deserved.

[herov]

Originally Posted by KeyserSoze

After all the drama I've been through with ZAP and their shenanigans, this is GREAT news, they got what they deserved.

ZAP = Crap. Period.

[BeSmart]

I had virtually no knowledge of ZAP prior to reading the full decision above http://www.courtinfo.ca.gov/opinions/nonpub/B193331.PDF. As an uninformed observer this guy would have rung warning bells loud and clear to avoid him at all costs. Especially, for a large corporation (read, deep pockets). Glad to hear this has been put to rest for smart which can now concentrate on working with Penske and supplying our smarties.

.02

[tivoboy]

I think ZAP will be able to get their 10MM back, at a minimum, if they havn'et already.

[Bremer Speck]

I was one of many people, no doubt, who gave them a $1,000.00 deposit when ZAP started to import used Smarts and converted them to USA specs. All I can say is that they refunded my money with no questions asked, when I requested it 6-8 months later, after I saw the prices their Smarts commanded at that time ($25-30K). In my mind, we should thank ZAP because they are the ones who got Daimler to change their minds about introducing the Smart in the USA.

[bmx43]

Originally Posted by tivoboy

I think ZAP will be able to get their 10MM back, at a minimum, if they havn'et already.

huh? the judgement was reaffirmed by the appellate court and awarded attorneys fees to the defendant. in a sense, it's over and ZAP ain't getting jack.

[MicroNut]

Originally Posted by bmx43

huh? the judgement was reaffirmed by the appellate court and awarded attorneys fees to the defendant. in a sense, it's over and ZAP ain't getting jack.

Yeah, I didn't understand that comment either. It's game over for ZAP on this one. No award, no chance for a settlement, and they get to pay Daimlers no doubt hefty legal bill.

Be interesting to see how ZAP spins that in one of their famous press releases...