Franchising & Distribution Law Blog

On December 3, 2012, the Eighth Circuit reversed a district court’s decision that a Missouri state law claim was completely preempted by the Petroleum Marketing Practices Act (PMPA).

A Missouri plaintiff filed a class action against gasoline station operators, including MFA Petroleum, Casey’s General Stores, and QuikTrip, regarding the grade of motor fuel dispensed with single hose dispensers. The case was filed in state court alleging a claim under the Missouri Merchandising Practices Act (MMPA). Casey’s General Stores removed to federal court on two grounds: (1) the claim was preempted by the PMPA and (2) there was diversity jurisdiction under the Class Action Fairness Act. The district court in the Western District of Missouri, relying on a similar Ninth Circuit case, denied the plaintiff’s motion to remand concluding that the state law claim was completely preempted by the PMPA.

Congratulations to our Franchise & Distribution practice group. The group was recently honored in the 2012 edition of the International Who's Who Legal of Franchise Lawyers. The publication dubbed our group a "Midwestern Powerhouse", which includes John Baer, Leonard Vines, Beata Krakus, and Chris Feldmeir. See the excerpt from the publication below:

"Greensfelder, Hemker & Gale, P.C. sees four of its lawyers honored in our rankings, among whom Chicago managing partner John Baer stands 'pre-eminent'. One of the most highly regarded lawyers in our research overall, Baer brings extensive transactional and corporate law experience to his work on behalf of national and international franchise and distribution clients, and, until this year, was chair of the Illinois attorney general's franchise advisory board. An additional listing in Chicago, alongside a further two in St. Louis, justifies the firm's reputation as a "Midwestern powerhouse".

For more information on the selection criteria, see http://www.whoswholegal.com.

Learn more about our practice group.