United States First Circuit

In an action involving defendants' treatment of its dealer franchisees and operators of Shell-branded service stations, judgment and jury awards for plaintiff are partially affirmed, reversed, vacated, and remanded where: 1) the judgments for state contract claims, unreasonable gasoline pricing claims, and constructive termination claims were supportable by a rational jury verdict; but 2) the Petroleum Marketing Practices Act (PMPA) did not support a claim for non-renewal under these circumstances; and 3) whereas the jury awards as to the surviving claims were rational awards supported by sufficient evidence, the award of attorney's fees and costs warrant reconsideration in light of a mixed disposition of the underlying claims under PMPA.

Appellate Information

• Decided 04/18/2008
• Published 04/18/2008

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, HOWARD, Circuit Judges, and DELGADO-COLÓN, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul D. Sanson, with whom Vaughan Finn, Karen T. Staib, and Shipman & Goodwin LLP were on brief, for appellants., Richard C. Godfrey, P.C., with whom Andrew A. Kassof, Benjamin W. Hulse, and Kirkland & Ellis LLP were on brief, for BP Products North America Inc., amicus curiae.


• For Appellees:
  
• John F. Farraher, Jr., with whom Gary R. Greenberg, Louis J. Scerra, Jr., and Greenberg Traurig, LLP were on brief, for appellees.