Decided
Mac’s Shell Service, Inc. v. Shell Oil Products Co.
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 Samuel Alito on Mar 2, 2010.
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.
[##CERT-STAGE##]
Aug 21, 2008Petition for a writ of certiorari filed. (Response due September 24, 2008)
Sep 22, 2008Order extending time to file response to petition to and including October 24, 2008.
Oct 24, 2008Order further extending time to file response to petition to and including October 31, 2008.
Oct 31, 2008Brief of respondents Shell Oil Products Company LLC, et al. in opposition filed.
Nov 10, 2008DISTRIBUTED for Conference of November 25, 2008.
Dec 1, 2008The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 15, 2009Brief amicus curiae of United States filed. VIDED.
May 26, 2009DISTRIBUTED for Conference of June 11, 2009.
Jun 15, 2009Petition GRANTED The petition for a writ of certiorari in No. 08-372 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jun 26, 2009Motion of the parties to amend the briefing schedule filed. VIDED.
Jul 27, 2009Motion of the parties to amend the briefing schedule GRANTED. Petitioners in No. 08-372 will file an opening brief on or before August 21, 2009. Petitioners in No. 08-240 will file a response brief on or before September 30, 2009. Petitioners in No. 08-372 will file a reply brief on or before October 30, 2009. Petitioners in No. 08-240 will file a supplemental brief on or before November 13, 2009.
Aug 21, 2009Joint appendix filed. (Statement of costs received) VIDED.
Aug 21, 2009Brief of Shell Oil Products Company LLC, et al. filed. VIDED.
Aug 27, 2009Brief amicus curiae of American Petroleum Institute filed. VIDED.
Aug 28, 2009Brief amicus curiae of United States filed. VIDED.
Sep 17, 2009The time within which to file the response brief of petitioners in No. 08-240 is extended to and including October 19, 2009. The reply brief of petitioners in No. 08-372 is due on or before November 18, 2009. The supplemental brief of petitioners in No. 08-240 is due on or before December 2, 2009. VIDED.
Oct 19, 2009Brief of Mac's Shell Service, Inc., et al. filed. VIDED. (Distributed).
Oct 26, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Nov 2, 2009SET FOR ARGUMENT ON Tuesday, January 19, 2010.
Nov 2, 2009CIRCULATED.
Nov 9, 2009Motion of the Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED. VIDED.
Nov 18, 2009Reply of Shell Oil Products Company LLC, et al. filed. VIDED. (Distributed).
Dec 2, 2009Record received from U.S.C.A. for First Circuit. (1 box)
Dec 2, 2009Supplemental brief of petitioners Mac's Shell Service, Inc., et al. filed. VIDED. (Distributed)
Jan 19, 2010Argued. For Shell Oil Products Company, LLC, et al.: Jeffrey A. Lamken, Washington, D. C.; and David O'Neil, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For Mac's Shell Service, Inc., et al.: John F. Farraher, Jr., Boston, Mass.
Mar 2, 2010Judgment REVERSED IN PART, AFFIRMED IN PART, and REMANDED. Alito, J., delivered the opinion for a unanimous Court. VIDED.
Apr 5, 2010JUDGMENT ISSUED.
May 27, 2010Record returned (1-box) to the United States Court of Appeals for the First Circuit.
Recommended Citation: Mac’s Shell Service, Inc. v. Shell Oil Products Co., SCOTUSblog, https://www.scotusblog.com/cases/macs-shell-service-inc-v-shell-oil-products-co/