that the chief concern of the UCC Drafting Committee in adopting ' 2-305(2) was to prevent discriminatory pricing B i.e., to prevent suppliers from charging two buyers with identical pricing provisions in their respective contracts different prices for arbitrary or discriminatory reasons. The reasoning in Mathis and the court of appeals in this case negates the effect of Comment 3's Asafe harbor@ by concluding that circumstantial evidence of A[a]ny lack of subjective, honesty-in-fact good faith@ is sufficient to create an Aabnormal@ case in which the posted-price presumption no longer applies. In such a case the price is a reasonable price at the time for delivery if, (2) the price is left to be agreed by the parties and they fail to agree; or. 113, 186 (1951). Todos los derechos reservados. Rather than contest the commercial reasonableness of Shell=s DTW prices, Dealers argued that fact issues existed as to whether Shell had acted in bad faith by setting its DTW price with the subjectively improper motive of running Dealers out of business. And even if there were evidence of this, Shell submits it would not raise a fact issue about its good faith because section 2.305 does not require a competitive price or the lowest price available. He supports merger and acquisition growth of existing business segments, such as the acquisition of an additional Port Everglades, Florida terminal and the formation of the Juniper Ventures of Texas retail joint venture in central Texas. [10] In March 2017, Royal Dutch Shell plc signed definitive agreements with Saudi Refining Inc. that gave full ownership of refining and marketing joint venture Motiva Enterprises, LLC to Saudi Refining.[1][2]. ; see also Tex. Because we conclude that the refiner established as a matter of law that its price was fixed in good faith as defined in the Code, we reverse the judgment of the court of appeals and render judgment that plaintiffs take nothing. 2023. The credit card or debit card charge MOTIVA ENTERPRISES HOUSTON TX was first spotted on July 19, 2015. 2003). Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. . There are several ways to recognize if an email is fraudulent. Language links are at the top of the page across from the title. Prior to her time at Motiva, Kimberly spent 13 years at Shell, where she specialized in labor, employment, and employee benefits. We know we play a significant role in the communities that we operate in. Because the summary judgment evidence establishes that Shell=s posted price was both commercially reasonable and fairly applied to the Dealers, we reverse the judgment of the court of appeals and render judgment that the plaintiffs take nothing. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. The trial court granted Shell=s motion for summary judgment. Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. [4] Under the Ninth Circuit=s rules, unpublished opinions may be cited to demonstrate a conflict among opinions. Marketing outlets include 5200 Shell and 76-branded service stations. Dealers do not contend that they are entitled to any particular price and do not disagree that Shell=s DTW price is within the range charged by other refiners to their dealers. WalletHub, Financial Company. "As supply chain uncertainty continues to create disruptions for businesses across the globe, Motiva has found it more critical than ever to transform its IT services, increase IT operational efficiencies, and enhance digital workplace services," said Anthony Dayao, Motiva Chief Information Officer. If you are contacted by an individual or a business claiming to be Motiva (or using a variant of Motivas name) with an offer or product under terms that vary significantly from the market average or requesting payment in advance for services, it is likely a scam. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Applying that presumption, these courts have generally rendered judgment as a matter of law on similar claims under section 2-305 where the refiner used a posted price which it fairly applied to similarly-situated purchasers. Shell argues that a good faith price, as section 2.305(b) requires, is one that is commercially reasonable and non-discriminatory. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. when was the last tornado in springfield, mo; how to add replace vehicles fivem; motiva enterprises houston tx charge on credit card. The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. It is not apparent, however, why the intent behind a commercially reasonable, non-discriminatory price should matter for purposes of a breach of contract claim under section 2.305(b). Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. Thus, if these Dealers were charged the same DTW price by another refiner who did not have a similar plan to thin their ranks, presumably the price would pass muster under the Dealers= view of section 2.305. Justice O=Neill, Justice Schneider, and Justice Brister did not participate in the decision. The court of appeals in this case adopted the reasoning in Mathis, concluding that good faith under section 2.305 encompasses both subjective and objective elements. If you are approached by someone claiming to represent Motiva, please be advised of the following: If you have any questions or concerns about the validity of a communication or a request that uses Motivas name or logo, please do not respond to the suspicious communication. & Com. He brings more than 30 years of experience in refining operations to the position. Despite this definition and comment, or perhaps because of them, Shell and the Dealers urge conflicting ideas about what good faith should mean in this case. & Com. Currently indexing 123,740 unique credit card line item charges. He serves as a member of the Board of Directors of Motiva. He and his wife Becky have been married for 31 years and have two children. [1], In 1988, Texaco and Saudi Refining agreed to form a joint venture known as "Star Enterprises" in which Saudi Refining would own a 50 percent share of Texaco's refining and marketing operations in the eastern United States and Gulf Coast. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000bbl/d (95,000m3/d) making it the largest refinery in North America and the fifth largest in the world. Headquartered in Houston, Texas, it had revenue of $37Billion. & Comm. The refiner implemented a discount for cash program to offset the costs of credit card processing which the dealers alleged resulted in their being charged twice for the cost of credit. Thus, they adopted a safe harbor, Comment 3's posted price presumption, to preserve the practice of using Asellers= standard prices@ while seeking Ato avoid discriminatory prices. They have a sailboat and enjoy sailing on Galveston Bay. In 2007, he moved to Shells Puget Sound refinery, returning to Motiva in 2010 to work on the Crude Expansion Project in Port Arthur. 4 Best Charge Cards (May 2023) - WalletHub Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. Kyndryl's nearly 90,000 employees serve over 4,000 customers in more than 60 countries around the world, including 75 percent of the Fortune 100. In support of its interpretation, the court cited NanakuliPaving & Rock Co. v. Shell Oil Co., 664 F.2d 772, 806 (9th Cir. @ Id. He develops agile teams that tackle new opportunities quickly to help Motiva gain marketplace advantages. Bill also served as General Manager of Shells West Region Sales & Operations, overseeing 3,000 Shell-branded stations in 11 states. As a member of the Executive Leadership Team, Brenda oversees the safety and environmental operation of Motivas assets on an enterprise-wide level to ensure complete understanding throughout the business. 1997) (same). from Dartmouth College and her J.D. The court of appeals reversed and remanded the case for trial, concluding that the Dealers had raised fact issues about Shell=s subjective good faith when setting its DTW price. To further manage Motivas reputational risks, streamline responsibilities, and ensure important checks-and-balances are in place among the various roles involved in Motivas external stakeholder engagement, Amys role expanded in June 2020. See, e.g., Tom-Lin Enters., Inc., 349 F.3d at 281-83; Havird Oil Co., 149 F.3d at 290-91; Richard Short Oil Co., 799 F.2d at 422; Wayman, 923 F. Supp. Other jobbers are also independent retail dealers, selling Shell-branded and unbranded gasoline directly to the public. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 1.201(b)(20). Kyndryl (NYSE: KD) is the world's largest IT infrastructure services provider. (3) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded. at 454-55. It could be a legitimate charge that is simply pending until the merchant completes processing. In Allapattah, another case involving a refiner and its dealer network, the dispute concerned the calculation of a discount that was to be applied to the refiner=s posted price. Get in touch to share your skills and experience. 2801-2806. Si vous ne souhaitez pas que nos partenaires et nousmmes utilisions des cookies et vos donnes personnelles pour ces motifs supplmentaires, cliquez sur Refuser tout. Likewise, the court of appeals concludes that this is not the normal case because the price, although commercially in line with that charged by other refiners to their lessee dealers, may have been motivated by an improper underlying purpose to eliminate some dealerships. Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. Most recently, Jeff served as CEO of Limetree Bay Energy, where he managed the refining business through bankruptcy and repositioned the terminals business unit as a standalone merchant storage company. Maybe it's a mysterious $1 fee that could be a scam, or you suspect someone took your card number for a shopping spree. 9th Cir. Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. Jobbers may have distribution agreements with several refiners simultaneously. @ Tex. Search over 700 million verified professionals across 35 million companies. You may find the website and phone number of the merchant. 1999); Exxon Corp. v. Superior Court of Santa Clara County, 60 Cal. Although the subjective element of good faith may have a place elsewhere in the Code, see, e.g., La Sara Grain Co. v. First Nat'l Bank, 673 S.W.2d 558, 562-63 (Tex. Pa. 1982); Adams v. G.J. If you have an American Express or Discover card you can enter your online credentials we'll load your charge names directly to check them for fraud. A $4 transaction titled simply "Wagon Road" may . The sender requests that you send them money or pay in advance for services. The email details an offer or product under terms that vary significantly from the market average. Mysterious or fraudulent charges on your credit card statement are no need to panic, but they do require quick action. - Personal Finance Club Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. The trial court concluded that the refiner had established its good faith as a matter of law, but the court of appeals reversed the summary judgment, concluding that circumstantial evidence raised a fact issue about the refiner=s good faith. |, Los productos Fortiva Credit Card (Tarjeta de Crdito Fortiva) y Fortiva Retail Credit (Crdito Minorista de Fortiva) son emitidos por The Bank of Missouri, Perryville, MO. She has also managed corporate governance issues and overseen federal regulatory filings for ASC and its affiliates.
