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Inamdar v. Shell Oil Company
Inamdar v. Shell Oil Company
United States District Court for District of New Jersey
Docket No. 91-2544 (JCL)
On December 21, 1995, a federal jury in Newark returned a verdict for Shell Oil Company and its employee Ken Mealing that neither had discriminated against plaintiffs in the granting of a franchise in 1986 or in the operation of the franchise in subsequent years.
The case was tried by Litigation partner Jeffrey W. Moryan. Litigation associate Amrita D. Master worked with Mr. Moryan on the case.
The franchise in question had been awarded to plaintiff Manoj Inamdar, an East Indian. Plaintiff Meena Amarnani, who co-owned the franchise but was not recognized by Shell as the franchisee, claimed that she had been discriminated against because of her East Indian national origin and her gender. Plaintiff Manoj Inamdar also asserted that he had been discriminated against during the course of his dealership with Shell Oil Company because of his national origin. The jury also considered whether or not Shell had breached an implied covenant of good faith and fair dealing as alleged by the plaintiffs.
Shell asserted throughout the trial that its granting of the franchise to Inamdar was proper and in accordance with all federal and state franchise laws. It also presented evidence that there was no discriminatory treatment against either of the plaintiffs. Plaintiff Amarnani had not been named dealer of record because she either refused or was physically unable to go to dealer training school which was viewed as a prerequisite to be qualified as a dealer of record. Finally, Shell presented evidence that no additional contracts existed between the parties which would support plaintiffs' claim of a breach of implied covenant of good faith and fair dealing.
After a seven day trial, the jury returned its verdict in favor of Shell Oil Company and its employee defendant on all counts. Judgment of no cause for action was entered by the Honorable John C. Lifland.
Issues in the case involved the Petroleum Marketing Practices Act, discrimination based upon national origin, gender discrimination, the New Jersey Consumer Fraud Act, and breach of implied covenant of good faith and fair dealing.
For further information regarding the defense of such claims, please contact Mr. Moryan directly.
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