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Exxon Franchisees Win Settlement in Class Action
More than a dozen former ExxonMobil franchisees in Michigan settled a class action suit against ExxonMobil over the refiner's system of 'pricing zones' that allegedly violated fair pricing laws. The franchisees charged that the wholesale price they paid ('branded rack price') was manipulated by ExxonMobil based on factors other than the competitive price in their market area. The impact was to limit franchisees' profitability and to negatively affect their competitiveness against other branded gasolines.
Details of the settlement are secret, but attorney Norman Yatooma, Norman Yatooma & Associates, P.C. (Birming-ham, MI), who represented the franchisees, said that the franchisees 'are quite happy with the settlement.' The key concessions won by the franchisees are release from ExxonMobil franchise contracts and the possible 'liquidated damages payments' in contracts they had signed. Damages could have exceeded $1 million for some franchisees, said Yatooma.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.