Mac's Shell Service, Inc. v. Shell Oil Products Co.’s Empirical Analysis
2010
Citation profile
19 federal appellate · 16 district · 8 state decisions
Appellate journey
reviewedMarcoux v. Shell Oil Products Co. (from First Circuit Court of Appeals)
Relationships
Applies 15 U.S.C. § 2801 · 15 U.S.C. § 2802 · 15 U.S.C. § 2805 · 15 U.S.C. § 2806
Relies on United States v. Bass · Pennsylvania State Police v. Suders · Barnes in Her Official Capacity As Member of the Board of Police Commissioners of Kansas City Missouri et al. v. Gorman · Fitzgerald v. Barnstable School Committee · Asgrow Seed Company v. Winterboer
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In enacting the PMPA, Congress did not regulate every aspect of the petroleum franchise relationship but instead federalized only the two parts of that relationship with which it was most concerned: the circumstances in which franchisors may terminate a franchise or decline to renew a franchise relationship. Congress left undisturbed state-law regulation of other types of disputes between petroleum franchisors and franchisees.”
1 later decision quote this exact passage · from the majority“the [PMPA] prohibits only unlawful fail[ures] to renew a franchise relationship, not renewals of a franchise relationship on terms that are less than favorable to the franchisee. A franchisee that signs a renewal agreement, in short, cannot carry the threshold burden of showing a nonrenewal of the franchise relationship ... and thus necessarily cannot establish that the franchisor has violated the Act.”
1 later decision quote this exact passage · from the majority“the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise.” Id. § 2801(2). 5 . In full, the Act defines a”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.