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Petroleum Marketing

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For over 30 years Shipman lawyers have represented major oil companies and regional franchisors throughout the Eastern United States in all aspects of petroleum marketing counseling and litigation. We have extensive experience with both the Petroleum Marketing Practices Act ("PMPA") and state franchise statutes, as well as disputes involving antitrust, trademark, dealer termination, pricing, rent, breach of contract, unfair trade practices, terminalling and exchange agreements, transfers/assignments, comingling, and cross-hauling claims. We have also represented suppliers and franchisors in investigations by state attorneys general and state agencies.

We have litigated cases in state and federal trial courts in New England, New York, New Jersey, and North Carolina, and in the First and Second Circuit Courts of Appeal. We also represented Shell and Motiva in the only PMPA case to go to the U.S. Supreme Court.

In addition, we regularly advise clients regarding the laws and regulations that might apply to their operations in dozens of states, such as price gouging, licensing, promotions and giveaways, registration, signage, and security deposits.

The members of our Petroleum Marketing Practice Group are frequent speakers at Petroleum Marketing Attorneys meetings and regularly publish Petroleum Marketing Alerts that analyze recent cases and developments in the law.

Related Industries

  • Manufacturing

Experience

Litigation

Representative Experience Representing Refiners and Distributors in Petroleum Marketing-Related Litigation Includes:

Mac’s Shell Service, Inc. v. Shell Oil Products Co. LLC, 559 U.S. 175 (U.S. 2010)

S&F Investments, LLC v. Alliance Energy, LLC, 2022 WL 3019587 (D. Conn. 2022)

Sidhi Vinayak Petroleum, Inc. v. Hess Corporation, 2019 WL 13215711 (D. Conn. 2019)

Hopkinton Friendly Service, Inc. v. Global Companies LLC, 490 F. Supp. 3d 421 (D. Mass. 2020); 384 F. Supp. 3d 179 (D. Mass. 2019); 2018 WL 5253287 (D. Mass. 2018)

Aldin Associates Limited Partnership v. Hess Corporation, 176 Conn. App. 461 (Conn. App. 2017); 2019 WL 413581 (Conn. Super. Ct. 2019)

Fairy-Mart v. Marathon Petroleum Company, LP, 2017 WL 5140514 (D. Conn. 2017)

Motiva Enterprise LLC v. W.F. Shuck Petroleum, 2012 WL 601245 (D. Conn. 2012)

General

$5.5 Million Judgment for Client Following a Trial Involving Antitrust, Unfair Trade Practices and Breach of Contract Claims

In a case on the Connecticut state court complex litigation docket, the owner of a large gasoline terminal sued our clients claiming antitrust violations, breach of contract, unfair trade practices, misrepresentation, and breach of the implied covenant of good faith and fair dealing. All of the plaintiff’s claims were disposed of before trial, and the case went forward solely on our clients' counterclaim for breach of contract. After two trials and two appeals, the court awarded our clients $5.5 million in damages and attorneys' fees.

Twenty-four State Analysis of Franchise and Distribution Laws

We conducted an analysis of state and federal franchising and distribution and other laws applicable in 24 states to the franchisor's business relationship and furnished advice to a franchisor in connection with the expansion of its business into those jurisdictions.

Primary Contacts

Karen T. Staib bio photo
Karen T. Staib

Partner

860.251.5612

kstaib@goodwin.com
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