In Yamaha Motor Corp. v. Jim's Motorcycle, Inc., the Fourth Circuit in an opinion by Judge Michael, joined by Judge Luttig and Senior Judge Baldock of the Tenth Circuit, held that a provision of Virginia's motorcyle dealer franchise law, Va. Code 46.2-1993.67(5), unduly burdens interstate commerce in violation of the dormant Commerce Clause.
Interestingly, the case deals with the plan of Yamaha to locate a new dealership in Southwest Virginia, specifically in Russell County. An existing Yamaha dealer in Bristol protested.
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