Legal Opinion
Pennzoil Co. v. Carlson
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Denman, J. P.
Pennzoil Company appeals from an order that denied its motion for summary judgment dismissing defendant Carlson’s sixth and seventh affirmative defenses and counterclaims alleging violations of, respectively, the Federal Petroleum Marketing Practices Act (PMPA) (15 USC § 2801 et seq.) and article 11-B of the New York General Business Law (General Business Law § 199-a et seq.). Plaintiff contends that the *209PMPA claim is subject to exclusive Federal jurisdiction; that the General Business Law claim is preempted by the PMPA; and that both claims are barred by the…
2Cases cited16 opinions
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Charles Dowd Box Co. v. CourtneySupreme Court of the United States · 1962
- Tafflin v. LevittSupreme Court of the United States · 1990
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3Cited by2 opinions
- Jurman v. Sun Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Grotemyer v. Lake Shore Petro Corp.Appellate Court of Illinois · 1992