Mac’s Shell Service, Inc. v. Shell Oil Products Co.
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-240 | 1st Cir. |
Jan 19, 2010 Tr. |
Mar 2, 2010 | 9-0 | Alito | OT 2009 |
Holding: Under the Petroleum Marketing Practices Act, a local operator of a gas station franchise cannot bring a claim for “constructive termination†of its franchise unless the parent company effectively forced the franchise out of business. Nor can the local gas station sue the company for “constructively†failing to renew the franchise agreement if the gas station owner actually signed a new agreement with the company.
Judgment: Reversed in part and remanded, 9-0, in an opinion by Justice Samuel Alito on March 2, 2010.
SCOTUSblog Coverage
- A unanimous ruling on PMPA
- Of lions and tigers and contract terminations
- When is a franchise contract terminated or not renewed?
Briefs and Documents
Merits Briefs
- Joint Appendix
- Brief for Shell Oil Products Company LLC, Motiva Enterprises LLC, and Shell Oil Company
- Brief for Mac’s Shell Service, Inc. et al.
- Reply Brief for Shell Oil Products Company LLC, Motiva Enterprises LLC, and Shell Oil Company
- Supplemental Brief for Mac’s Shell Service, Inc. et al.
Amicus Briefs
- Brief for the American Petroleum Institute in Support of Shell Oil Products Company LLC et al.
- Brief for the United States of America in Support of Shell Oil Products Company LLC et al.
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