afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. The Dealers maintain, however, that even though Shell used a posted price it nevertheless violated its duty of good faith by setting its DTW price too high with the conscious intention of driving some of its franchisees out of business. 1 complaints closed in last 12 months. summer research programs for high school students 2022 . Equilon became a fully owned subsidiary of Shell, while Saudi Aramco and Shell each became equal owners of Motiva. The court of appeals= wholesale cost analysis indiscriminately compares Shell=s DTW price to prices available to other classes of trade, with different contractual buying arrangements. @ Id. ' Kimberly was instrumental in standing up the companys current HR organization and employee benefit plans and has been involved in several of the companys largest initiatives and transactions. Your pasted text should look like this: PANERABREAD#688TROYMI (Section 2 103). credit card companies may charge higher interchange fees for online purchases since fraud is a bigger problem with these . motiva enterprises houston tx charge on credit card Category. Get a D&B Hoovers Free Trial. 2. Houston, TX 77210. NEW YORK, March 31, 2022 /PRNewswire/ -- Kyndryl (NYSE:KD), the world's largest IT infrastructure services provider, today announced it has signed a five-year, $160M agreement with Motiva Enterprises, owner of North America's largest refinery, under which Kyndryl will streamline Motiva's IT services, accelerate its cloud journey, and lay the foundation for its enterprise-wide digital transformation. The sender requests you click on a link or otherwise provide them with your personal information, such as Social Security Number, bank account number, or password. Code ' 1.201(b)(20). 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. Shell submits that there is no evidence that its DTW price caused any particular Dealer to fail or be uncompetitive in the market. Currently indexing 123,740 unique credit card line item charges. To balance these concerns, the drafters created a presumption under Official Comment 3 that a Aposted price@ or Aprice in effect@ is a good faith price that may be rebutted only by evidence of discrimination. Amoco Oil Co., 923 F. Supp. [7] The operations in the western and midwestern United States were merged into a company called "Equilon". He also serves on the board and executive committee of the American Fuel and Petrochemical Manufacturers (AFPM), the Board of the American Petroleum Institute (API) and the Board of the Greater Houston Partnership. A strong advocate for continuous improvement, he is passionate about delivering excellence while approaching each situation with an entrepreneurial curiosity. Most recently serving as the Executive Vice President of Downstream and Midstream, he was responsible for refining, trading, pipelines, and fuels marketing. Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. 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. That means it is charged, but paid off each month. . He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. You may find the website and phone number of the merchant. Here the Dealers= claim of bad faith appears to be inextricably tied to the amount of the price set by Shell. The court concluded that these allegations were not the normal case contemplated under section 2.305 if there was evidence that the refiner double charged to recover its costs of credit while representing to its buyers that its price was net of credit costs. Send the letter so that it reaches your credit card issuer within 60 days from when the bill containing the questionable charge was mailed to you. 2002), which also involved open-price contracts between an oil refiner and its dealer/franchisees. Instead, Shell suggests that market forces beyond its control are at the root of these problems. The effect is to allow a jury to determine in every section 2.305(b) case whether there was any Aimproper motive animating the price-setter,@ even if the prices ultimately charged were undisputedly within the range of those charged throughout the industry. 1986); Waymanv. 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. We will never send emails to you from public email domains, such as @gmail.com, @yahoo.com, or @hotmail.com.. He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. 2023. Id. 20. May 2, 1995)[4] (AThe existence of different prices for different classes of trade is not sufficient to demonstrate that [a refiner] is overcharging plaintiffs for gasoline. 1998); T.A.M., Inc. v. Gulf Oil Corp., 553 F. Supp. He also served as Chairman of the National Hydrogen Association in the US. There are 24 storage and distribution terminals.[11]. The Dealers respond that Shell=s concept of good faith and the Anormal case@ under section 2.305 is too narrow. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. For nearly two decades, Motiva has been providing the energy our country needs to grow and prosper. at 1312-13. She was the lead attorney handling Motivas 2017 separation from Shell and was key in its 2019 acquisition of a chemicals business, supported the negotiations of the licensing agreement allowing Motiva to produce 76 Brand gasoline, and led the foundational initiative team for building Saudi Aramcos global legal organization. See If You Prequalify*. 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. She serves on the board of directors of First Coast Energy and volunteers her time as an organizational mentor within Motiva and as a community partner with organizations such as Big Brothers Big Sisters of America, Buffalo Bayou Partnership and the United Negro College Fund. Airlines Employees Fed. It has a $0 annual fee, a 0% foreign transaction fee and plenty of rewards. - Nyckel, machine learning API Fortiva credit products help you confidently take the next step on your financial journey. Jobbers may have distribution agreements with several refiners simultaneously. Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. Allapattah, 61 F. Supp. Bill is a dynamic leader with more than three decades of global retail strategy, fuel sales marketing and energy operations experience. The court of appeals, however, suggests that because the Dealers paid more than most of the other gasoline retailers in Houston, the DTW price itself is some evidence of Shell=s subjective bad faith. 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. The DTW price, the captive nature of the franchisee relationship, and the business losses suffered by the Dealers are variations of the same theme: Shell=s DTW price is too high for the Dealers to compete with other gasoline retailers. 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. Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. Travis received his Bachelor of Chemical Engineering from Auburn University in Auburn, Alabama, and his Master of Business Administration from The University of Texas at San Antonio. & Com. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. & Com. Id. 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. at 215. The email is written using poor English and includes grammatical errors. He and his wife Becky have been married for 31 years and have two children. Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. Shell argues that a good faith price, as section 2.305(b) requires, is one that is commercially reasonable and non-discriminatory. Bus. 499, 509 (E.D. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA. Dealers are only Acaptive@ as a result of their own choice to become Shell-branded lessee dealers, which involved their agreement to buy gasoline from Shell at the DTW price, rather than at rack or some other price. . 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. at 1322. Brenda and her husband Conly have been married for 28 years and have two children. 61980AAD5 (144A . 3. / Motiva Enterprises LLC; Motiva Enterprises LLC. Kyndryl and Motiva are operationalizing a hybrid, multi-cloud environment that will enable Motiva's "cloud first" strategy for new applications and drive infrastructure modernization for business . Stay on top of your Business Credit File. Kimberly earned an undergraduate degree in psychology from Baylor University and Master of Business Administration and Juris Doctorate degrees from the University of Houston. Business disruption punctuated by the tightening of global crude supplies pose complex operational challenges that call for advanced, forward-looking solutions. Since assuming his current role with Motiva in June 2014, Bill has demonstrated leadership which has helped Motiva strengthen its reputation within the industry as a reliable supplier of quality projects and innovative customer programs. In this case, we must decide whether the price fixed by a refiner for the sale of its gasoline under an open-price-term contract with its dealers was in good faith as required by section 2.305(b) of the Texas Business and Commerce Code. [3] This definition was formerly limited to merchants, like Shell, but recent amendments to the Code have Abrought the Article 2 merchant concept of good faith (subjective honesty and objective commercial reasonableness) into other Articles. [3], The company began as a 5050 joint venture between Shell Oil Company (the wholly owned American subsidiary of Royal Dutch Shell) and Saudi Aramco (which had previously partened with Texaco) in 1997. The charge on your credit card statement that you don't recognize could be a charge from an unfamiliar merchant, a fee charged by the card issuer, a mistake of some sort, or an unauthorized credit card transaction. Your pasted text should look like this: PANERA BREAD #688 TROY MI. Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. Thus, the court placed the following limitation on Comment 3's safe harbor: [Comment 3] avoids challenges to prices set according to an open price term unless that challenge is outside the normal type of case. 2003). what happened to the sylvers father what happened to the sylvers father See 2 James J. The email has a generic greeting, such as "hello customer" or "hello user.". View D&B Scores & Ratings. mesurer votre utilisation de nos sites et applications. Search. Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. You can track the letter by sending it via . Todos los derechos reservados. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. Pa. 1982); Adams v. G.J. To check your charge names you can copy and paste them, one per line, into the box below. TARGET 00024653 SAN DIEGO CA. This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. 102 S.W.3d 205. Each Dealer contractually agreed to buy gasoline at the DTW price applicable only to Shell-branded lessee-dealers. Jobbers operate fleets of trucks to pick up gasoline at refiners= terminals and distribute it to their own stations or to independent ones. Most courts have rejected the approach of the Fifth Circuit and the court below in interpreting the good faith requirement of section 2.305. Establish a minimum threshold above $10 for credit card charges as a condition for Language links are at the top of the page across from the title. 2d 1308, 1322 (S.D. Id. The sender requests that you send them money or pay in advance for services. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. Sign up for our free summaries and get the latest delivered directly to you. In their spare time, Jeff and his wife Andrea enjoy traveling and hiking together. Before assuming her current role, Rose served as General Manager of Supply & Logistics for Motiva, overseeing the safe, efficient operation of the companys terminal and pipeline assets, in addition to groups responsible for supply scheduling, commercial contracting, marine and land logistics. No personal information will be collected. To check your charge names you can copy and paste them, one per line, into the box below. See, e.g., Tom-Lin Enters., Inc. v. Sunoco, Inc., 349 F.3d 277, 281-83 (6th Cir. @ Tex. Bus. Contact Information. Overview. In this role, he developed and implemented an optimization-led business model across six refineries and upgraders to deliver improved safety, reliability, and profitability. (b) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. 1985). According to the court, this evidence generally included: (1) the DTW price itself, which was on the high end of the wholesale pricing spectrum, (2) the Acaptive@ nature of relationship between Shell and its franchisees, and (3) the general decline in the business fortunes of Shell franchisees. . If you accept an offer a hard inquiry will be made. Portuguese products available Online we mail to all lower 48 states. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Its as simple as that. The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. Shell moved for summary judgment on Dealers= good-faith pricing claims, contending that it was entitled to judgment as a matter of law because it charged a posted price applied uniformly to all Dealers and was a commercially reasonable price as well. (c) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. Kimberly M. Green became Executive Vice President of Human Resources at Motiva, effective September 1, 2020. This site is protected by reCAPTCHA and the Google. Motiva has no relationship with this company. When a contract for the sale of goods does not specify a price, section 2.305 of the Uniform Commercial Code[2] supplies default rules for determining whether a contract exists and what the price should be. Id. Shell asserts that because the Dealers brought forth no such evidence here, this is a normal case where the posted price or a price in effect is a good faith price under section 2.305. Here, you'll find details about all the transactions on your account, including purchases charged to the card during the last billing period. She joined Motiva in 2014 as Refining Finance Manager and since then has held multiple leadership positions of increasing responsibility. Shell=s relationship with its lessee dealers is also governed by the federal Petroleum Marketing Practices Act (APMPA@), which regulates the grounds for termination and nonrenewal of petroleum franchise relationships. C 93-20830, 1995 WL 261412, at *4 (N.D. Cal. . 1995) (noting that Athe subjective rule never prevailed in Article 2 with respect to merchants@ and that in Avarious other articles of the Code there has been a movement from subjective to objective definitions of good faith@). 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. 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. The email details an offer or product under terms that vary significantly from the market average. This result appears to conflict with the drafters= desire to eliminate litigation over prices that are nondiscriminatory and set in accordance with industry standards. Committed to developing high-performing teams and empowering them to deliver exceptional results, Jeff brings more than 30 years of downstream and midstream energy experience to Motiva, including leading multiple international organizations. Ls vr integritetspolicy och cookiepolicy fr att f mer information om hur vi anvnder dina personuppgifter. Joint venture between Shell Oil and Saudi Refining, Motiva Enterprises' co-owners to split U.S. refineries on May 1: sources, Shell completes sale of Motiva assets to Saudi Aramco, How Saudi Arabia successfully defended its U.S. oil market share, "Aspects of the Refining/Marketing Joint Ventures of Shell Oil, Star Enterprises, and Texaco", Motiva Announces Progress on Refinery Expansion Project, Shell Pennsylvania Petrochemicals Complex, Movement for the Survival of the Ogoni People, https://en.wikipedia.org/w/index.php?title=Motiva_Enterprises&oldid=1151359297, Short description is different from Wikidata, All Wikipedia articles written in American English, Creative Commons Attribution-ShareAlike License 3.0, Partnership ended in 2017, Shell sold its part to Saudi Aramco which became the whole owner, This page was last edited on 23 April 2023, at 14:56. at 1312-13. 1999); Exxon Corp. v. Superior Court of Santa Clara County, 60 Cal. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. Brenda joined Motiva in 2001 at the Port Arthur Refinery in Texas and has held a variety of positions in the environmental, compliance, and health, safety, security. Payment alternatives for retail purchases. montreux jazz festival 2022 lineup Financial solutions for everyday needs & unexpected expenses. She brings nearly 30 years of experience in safety, security, and environmental management to the position. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. Enter a name to find & verify an email >>> . Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco.Headquartered in Houston, Texas, it had revenue of $37 Billion. Motivas suppliers and customers will only be asked to interact with us through a Contact Us link on motiva.com or through an approved E-Service Portal link. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA; tnwbill.com VALLETTA MH COMENITY PAY OH WEB PYMT ID; Amazon Digital Svcs 866-216-1072 WA; ACT REGISTRATION 877-228-4881 CA; Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. @ Id. (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. 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. Vous pouvez modifier vos choix tout moment en cliquant sur le lien Tableau de bord sur la vie prive prsent sur nos sites et dans nos applications. Get in touch to share your skills and experience. If you in your credit card statement you see Kalkomey Enterprises charge and you're not sure what it could be, then watch this video to find more details abo. Ct. App. . For more information, visit www.kyndryl.com. Instead. Code ' 2.305 cmt. We know we play a significant role in the communities that we operate in. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. Your credentials are transmitted securely and then cleared after querying. from Dartmouth College and her J.D. Our 2,700 dedicated US employees embody the idea of success born out of team effort. Lorsque vous utilisez nos sites et applications, nous utilisons des, authentifier les utilisateurs, appliquer des mesures de scurit, empcher les spams et les abus; et. [4] Under the Ninth Circuit=s rules, unpublished opinions may be cited to demonstrate a conflict among opinions. Id. But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. During that time, he held a series of technical and commercial assignments in the US and UK and was tasked with starting up BPs hydrogen fuels activities. Travis plays a key role in Motiva's long-term growth plans. You can explore additional available newsletters here. If you aren't carrying a balance, the average debt per card is $1,154, according to creditcards.com. Maybe it's a mysterious $1 fee that could be a scam, or you suspect someone took your card number for a shopping spree. from 8 AM - 9 PM ET. The details typically include how much your account was charged, who received payment, when the transaction occurred and when . Her expertise comes from the 17 years spent as a litigation partner, trying complex commercial cases to juries and arbitral panels including claims of bank fraud, securities fraud, and RICO before moving into complex transactions such as mergers and acquisitions, divestitures and dissolutions. Bill Spurgeon is Executive Vice President of Marketing, Sales & Logistics for Motiva. In this instance, the Code imposes on Shell the obligation of good faith when fixing its DTW price under the Dealer Agreement, providing that A[a] price to be fixed by the seller or by the buyer means a price for him to fix in good faith. There are several ways to recognize if an email is fraudulent: The email comes from an email address other than "@motiva.com." Fraudulent emails are often sent from addresses such as "@gmail.com," "@yahoo.com," or "@hotmail.com.". The DTW pricing provision is an Aopen price term@ governed by section 2.305(b) of the Texas Business and Commerce Code (which corresponds to section 2-305(2) of the Uniform Commercial Code). Before becoming Executive Vice President of Human Resources, Kimberly was Motivas Associate General Counsel, overseeing the attorneys who provide corporate, commercial and regulatory legal support to the company. Such Acaptivity@ is therefore the Anormal@ case. - About Us You already receive all suggested Justia Opinion Summary Newsletters. Motiva Enterprises today announces the recipients of its Motiva First Responder Grant Program, awarding nearly $159,000 to 23 emergency response organizations in communities that host Motivas assets across six states. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. from the University of Texas School of Law. Corporate Family Discover. Popular Credit Card Charges. Motiva's products include diesel, gasoline, liquefied petroleum gas (LPG), aviation fuel, and lubricants which it supplies to American states in the South, Mid-Atlantic, and the Northeast. Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. How can I tell if an email is fraudulent? This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. March 13, 2023 Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). Although a commercially reasonable price might establish the oil company=s objective good faith, it would not alone be sufficient if there were also evidence that the company=s price might have been influenced by its desire to replace franchisees with more profitable company-owned stores (a lack of subjective good faith). Chief Justice Phillips delivered the opinion of the Court. Shell points out that the Dealers= own expert agreed that the lessee dealer is Aa class of trade whose economic viability is dying@ due to broader market forces, including the entry of mass merchandisers into gasoline retailing.
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