Hoskin Hogan v. BP West Coast Products LLC
We were one of the firms that secured a favorable jury verdict on behalf of BP West Coast Products against four ARCO franchisees. This constituted the initial case for approximately 600 ARCO/ampm franchisees that have brought identical contract-based claims against BPWCP. The franchisees alleged that BPWCP breached the implied covenant of good faith and the “open price term” provision of the UCC by selling wholesale gasoline to the franchisees at commercially unreasonable prices. They also claimed that BPWCP sold them a defective point of sale computer system. After a five week trial, the jury found in favor of BPWCP on the pricing claim, finding that BP’s prices were commercially reasonable and not set in bad faith. The jury also awarded the four plaintiffs less than 20% of the damages they sought on the point of sale claim.