Pride’s Empirical Analysis

Citation profile

4 federal appellate · 2 district ·

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he misrepresentation claim, as formulated by Pride, involves the actions of parties in forming the contract. Consumers Petroleum, on the other hand, involved a situation where the two parties were already in an existing contractual relationship and the franchisor then made misrepresentations regarding the withdrawal or failure to renew provisions of the [PMPA]. This distinction is crucial, since as the court in Consumers Petroleum observed, the Act “does not preempt every state law that relates remotely to the termination or nonrenewal of petroleum franchises; but it does preempt any state law with respect to ‘grounds for, procedures for, and notification requirements’ with respect to terminations and nonrenewals.” Oregon state law regarding fraud in the formation of contracts does not implicate the grounds for, procedures for or notification requirements of termination and nonrenewal under the [PMPA] because the relationship that the [PMPA] governs has not been formed at that stage. Consumers Petroleum is thus distinguishable.”

   1 later decision quote this exact passage · from the majority
   e.g. Arbabian v. BP AMERICA

2. “), and Pride entered into a new franchise agreement with Texaco. Pride alleged that Exxon had fraudulently induced him to enter into his initial franchise agreement by misrepresenting its intention to withdraw from the market. The Ninth Circuit concluded that Pride's fraud claim involved the actions of the parties in forming the franchise agreement. The claim could not involve the grounds for, procedures for, or notification requirements with respect to a termination or nonrenewal”

   1 later decision quote this exact passage · from the majority
   e.g. Shukla v. BP Exploration & Oil, Inc.

3. “no State ... may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to termination ... of any such franchise or to the nonrenewal ... of any such franchise relationship unless such provision of such law or regulation is the same as the applicable provision of this subchapter.”

   1 later decision quote this exact passage · from the majority
   e.g. Unified Dealer Group v. Tosco Corp.