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Thread: Berkshire vs. State of Utah - Fender lawsuit filed today

  1. #1
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    Berkshire vs. State of Utah - Fender lawsuit filed today

    So if anyone was wondering about the status of the lawsuit against the State of Utah, it got filed today. The discussion is in this thread.

    http://www.virtualjeepclub.com/showt...aws&highlight=


    Basically, I am suing based on the commerce clause, privileges and immunities clause and equal protection clauses, in an attempt to invalidate the application of fender laws and mud-flap laws in Utah, against out of state residents.

    I will upload the Federal Complaint later.

    Let the **** show begin!!
    07 JKU, Teraflex Dana 60 Front/ 14 Bolt Rear, ARBs, 40" MT/R-Ks, Antirock, Teraflex Long Arm, 5 screaming children, 430hp LS3 Engine swap completed. ENGINE SWAP THREAD LINK HERE Cage, Coilovers, and 14 Bolt swap NEW FULL CAGE, THIRD ROW, COILOVERS, 14 BOLT SWAP THREAD HERE

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today


    "Lophat is not going anywhere, it's a reference. This forum would fold up and die if he left. LOL!" -- OTR-93YJ

    "if they are like LoPhat, then their heads are stuck so far up their rear they have re-emerged as a head." -- From_Catherine

    "Lo-Phat.. Don't wash the XJ. You don't want someone to confuse it as a mall crawler.." -- Will E


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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Wow! Big time. Get 'er done!
    '93 YJ, 4.0, NV4500, Atlas, 35s
    '17 WK2, 5.7, ZF8HP70, NV245, 31s

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today


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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Nice Keith ! Best of luck and I hope this chit show turns out well.
    Craigslisticon

  6. #6

    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Somewhat related, my friend was cited for driving an unregistered vehicle on the road in CA because they don't recognize AZ registration on an RZR or similar vehicle.
    Carlos Alvarez
    2015 copper pearl JKU Rubicon
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  7. #7
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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Quote Originally Posted by calvarez View Post
    Somewhat related, my friend was cited for driving an unregistered vehicle on the road in CA because they don't recognize AZ registration on an RZR or similar vehicle.


    Happens all the time at Glamis. Bikes, rzr, sandrail.

  8. #8

    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    AT Glamis, or on nearby roads? My understand is that the OHV registration here is good for OHV registration there. IE, off road use only. But on-road registration in AZ is not good for on-road use there.

    I spend all my time at Ocotillo Wells, not Glamis, and that's where my friend was cited for driving 1/4 mile on road.
    Carlos Alvarez
    2015 copper pearl JKU Rubicon
    KG7EQI

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Komifornia doesn't allow off road vehicles on their maintained roads, doesn't matter what kind of vehicle it is. The OHV sticker is honored for off road use.
    Non-College Educated Working Class White Deplorable....

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Quote Originally Posted by calvarez View Post
    AT Glamis, or on nearby roads? My understand is that the OHV registration here is good for OHV registration there. IE, off road use only. But on-road registration in AZ is not good for on-road use there.

    I spend all my time at Ocotillo Wells, not Glamis, and that's where my friend was cited for driving 1/4 mile on road.
    On the road

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    you're my hero.

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Quote Originally Posted by calvarez View Post
    AT Glamis, or on nearby roads? My understand is that the OHV registration here is good for OHV registration there. IE, off road use only. But on-road registration in AZ is not good for on-road use there.

    I spend all my time at Ocotillo Wells, not Glamis, and that's where my friend was cited for driving 1/4 mile on road.
    Off topic for sure, but another reason why I left the C.S.S.R. over two decades ago . . . .

    Ocotillo Wells is (or was) very cool in the 70's.
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    Quote Originally Posted by Locked & Loaded View Post
    LOL. I'm one of the dbags.

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Prediction time!

    I predict they will fight back, and counter sue for cost recovery. They will delay it over and over again while they do safety studies and collect statements from manufacturers about the safety and structural aspects of the fenders. Five years from now, when you decide to bail, or loose in court, you'll owe $200k in legal expenses.

    As you can tell, I border between realism and pessimism. I hope you win, or at least get back out of it without too much harm, but kudos for trying!
    Non-College Educated Working Class White Deplorable....

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Iíll let you know if I get harassed at the jamboree in January. I should have new tires by then and they might stick out a little.

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    Re: Berkshire vs. State of Utah - Fender lawsuit filed today

    Quote Originally Posted by OTR-93YJ View Post
    Prediction time!

    I predict they will fight back, and counter sue for cost recovery. They will delay it over and over again while they do safety studies and collect statements from manufacturers about the safety and structural aspects of the fenders. Five years from now, when you decide to bail, or loose in court, you'll owe $200k in legal expenses.

    As you can tell, I border between realism and pessimism. I hope you win, or at least get back out of it without too much harm, but kudos for trying!
    I looked into the Utah attorney's fees statute and it is pretty tough. They have to prove bad faith to get fees.
    07 JKU, Teraflex Dana 60 Front/ 14 Bolt Rear, ARBs, 40" MT/R-Ks, Antirock, Teraflex Long Arm, 5 screaming children, 430hp LS3 Engine swap completed. ENGINE SWAP THREAD LINK HERE Cage, Coilovers, and 14 Bolt swap NEW FULL CAGE, THIRD ROW, COILOVERS, 14 BOLT SWAP THREAD HERE

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