Metroil, Inc. v. ExxonMobil Oil Corp., et al., No. 10-7168 (D.C. Cir. 2012)
Annotate this CaseThis case involved a dispute over operation of an Exxon gas station located next to the Watergate in Washington, D.C. Metroil sued Exxon and Anacostia, claiming three violations of federal and D.C. law relating to the sale of the station by Exxon to Anacostia. The court concluded that the Retail Service Station Amendment Act of 2009, D.C. Code 36-304.12(a), did not take effect until after Exxon's sale to Anacostia and the law therefore did not give Metroil a right of first refusal in this case. Because it was undisputed that Metroil still operates the gas station, buys and sells Exxon fuel, and uses the Exxon trademark, the franchise relationship has continued. Therefore, Metroil's Petroleum Marketing Practices Act, 15 U.S.C. 2802, claim was properly dismissed. All of the burdens and risks alleged by Metroil were permitted by the original contract and were not attributable to the assignment. Therefore, the court rejected Metroil's claims that Exxon violated the D.C. Code's prohibition against contract assignments that materially increased the burden or risk on the non-assigning party. Accordingly, the court affirmed the judgment.
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