3. 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. Business disruption punctuated by the tightening of global crude supplies pose complex operational challenges that call for advanced, forward-looking solutions. 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. Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. The Dealers claim that Shell=s pricing practices are forcing them out of business. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. Search over 700 million verified professionals across 35 million companies. . The Dealers themselves concede that Shell is not obligated to price its gasoline with their interests in mind or to protect them from competition. The difference is, you can make the minimum payment to avoid a late fee. [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]. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. 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. The trial court granted Shell=s motion for summary judgment. 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. What is MOTIVA ENTERPRISES HOUSTON TX? | Scam Charge 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; Brenda Allen became Vice President Health, Safety, Security & Environmental on January 1, 2023. In 2007, he moved to Shells Puget Sound refinery, returning to Motiva in 2010 to work on the Crude Expansion Project in Port Arthur. How can I tell if an email is fraudulent? Motiva Enterprises LLC Company Profile | Houston, TX | Competitors Cision Distribution 888-776-0942 Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. 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. This result appears to conflict with the drafters= desire to eliminate litigation over prices that are nondiscriminatory and set in accordance with industry standards. 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. Those dealers similarly complained that the refiner had breached its duty of good faith by purposefully setting its dealer price for gasoline at uncompetitively high levels to run them out of business. dvelopper et amliorer nos produits et services. See, e.g., Tom-Lin Enters., Inc. v. Sunoco, Inc., 349 F.3d 277, 281-83 (6th Cir. 1 complaints closed in last 12 months. If you are approached by someone claiming to represent Motiva, please be advised of the following: Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. Up to 5 free lookups / month. PO Box 4369. Credit Card Processing Fees (2023 Guide) - Forbes Advisor Prior to assuming her current role at Motiva, Amy served as primary corporate counsel for Aramco Services Companys (ASC) subsidiary Saudi Refining, Inc. (SRI) in conjunction with SRIs distribution of assets and liabilities out of its joint venture with Shell, Motiva Enterprises, LLC. From 2017 to 2020, Jeff held various senior leadership positions at Husky Energy in Calgary, Alberta. 61980AAD5 (144A . They understood that requiring sellers in open-price industries, such as the oil and gas industry, to justify the reasonableness their prices in order to satisfy section 2.305 would Amean[] that in every case the seller is going to be in a lawsuit@ and that every sales contract would become Aa public utility rate case. 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-critical workloads. The Fortiva Credit Card, Fortiva Retail Credit and Fortiva Personal Loan products are issued by The Bank of Missouri, Perryville, MO, Member FDIC. 61980AAD5 (144A) and U61999AC9 (Reg. 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. Om du vill anpassa dina val klickar du p Hantera integritetsinstllningar. . He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. What's This Charge on My Credit Card - Fiscal Tiger A $4 transaction titled simply "Wagon Road" may . Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. 1985). Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. They reject the notion that discriminatory pricing is the only way to rebut Comment 3's posted price presumption. Never disclose your personal or financial details to anyone you do not know. 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. The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". "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. 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 . 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. 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. Creel & Sons, Inc., 465 S.E.2d 84, 86 (S.C. 1995). Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. She has also managed corporate governance issues and overseen federal regulatory filings for ASC and its affiliates. 1986); Waymanv. This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. motiva enterprises houston tx charge on credit card Click View Statement (or Account Activity or Transactions or Whatever), Click Download (or download statement or whatever), Choose the maximum date range if you can (you may have to do this once per month), Choose CSV or Excel or Spreadsheet format, Open the downloaded file in Excel or another spreadsheet application, Select the entire column of the charge names (they look like the grey box above). 4 Best Charge Cards (May 2023) - WalletHub 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. The email has a generic greeting, such as "hello customer" or "hello user.". There are several ways to recognize if an email is fraudulent. The sender requests that you send them money or pay in advance for services. What's This Charge on My Credit Card? | Capital One Moreover, Shell argues that the fact that some franchisees have experienced declining sales, lost money, or gone out of business does not raise a fact issue about whether Shell had a bad-faith plan to price them out of business. Amy Marlyse Plato is Motivas Executive Vice President, Legal & Corporate Affairs. As you read your credit card statement, you'll see a transactions section. The seller, however, abandoned this practice, raising the price without notice. The Offer was made on the terms and subject to the conditions set forth in the Offer to Purchase, dated September 6, 2022 (the Offer to Purchase), and the related Notice of Guaranteed Delivery attached to the Offer to Purchase (the Notice of Guaranteed Delivery). & Com. See 2 James J. Allapattah, 61 F. Supp. 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. Marketing outlets include 5200 Shell and 76-branded service stations. They have a sailboat and enjoy sailing on Galveston Bay. R. 36-3(b)(iii). We collaborate closely with our suppliers to serve our customers and champion innovation. 2d 195, 205 (Cal. summer research programs for high school students 2022 . 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). How to Spot and Dispute Fraudulent Credit Card Charges 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. Mysterious or fraudulent charges on your credit card statement are no need to panic, but they do require quick action. 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. Motiva has been made aware that an entity using Motiva in its name, Motiva Ltd Tank Terminal, is holding itself out as an operator of petroleum storage facilities in Houston, Texas, and Rotterdam, Netherlands, and has solicited transactions under that name. The details typically include how much your account was charged, who received payment, when the transaction occurred and when . 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. See Mathis, 302 F.3d at 457. 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. Shell Oil Company, Motiva Enterprises Llc, Equilon Enterprises Llc, and Code ' 2.305(b). Establish a minimum threshold above $10 for credit card charges as a condition for TARGET 00024653 SAN DIEGO CA. Do not include any dates, amounts, or any personal information. That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. 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. The company began as a 50-50 joint venture between Shell Oil Company (the wholly owned American subsidiary of Royal Dutch . Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. 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. You can explore additional available newsletters here. .@). Bus. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. "Our partnership with Kyndryl is an important step on the path to better optimize IT operational costs while advancing our digital transformation strategy. Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. [4] Under the Ninth Circuit=s rules, unpublished opinions may be cited to demonstrate a conflict among opinions. @ Walter D. Malcolm, The Proposed Commercial Code: A Report on Developments from May 1950 through February 1951, 6 Bus. Global Credit Research - 11 Aug 2020 . 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. 2000). Shell markets gasoline to the public through a retail network that includes not only lessee dealers, but open dealers and company-operated stations as well. [2] That section of the UCC, dealing with open-price-term contracts, is codified as section 2.305 of Texas Business and Commerce Code and provides: (a) The parties if they so intend can conclude a contract for sale even though the price is not settled. Jeff earned a Bachelor of Science in chemical engineering from Carnegie Mellon University, graduating with honors. 1979); see also 1 James J. Financial empowerment solutions so you can handle life's challenges. What Is This Charge On My Credit Card? - Forbes Advisor Instead, the majority of decisions suggest that a commercially reasonable DTW price, that is, one within the range of DTW prices charged by other refiners in the market, is a good faith price under section 2.305 absent some evidence that the refiner used pricing to discriminate among its purchasers. Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. |, 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. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. 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. financial benefits of concert attendance to the community music; how many toes does a brahma chicken have; what is the difference between section 17 and section 47 at 1346-47. Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. 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. In many cases, unfamiliar charges are simply the result of the cardholder not recognizing the . 76 is a registered trademark owned by Phillips 66 Company. WalletHub, Financial Company. He brings more than 30 years of experience in refining operations to the position. Code ' 2.305(b). In Nanakuli, a buyer of asphalt under an open-price-term contract asserted that the seller had breached its section 2.305 duty of good faith by failing to follow industry custom when changing its price. 2801-2806. The competitive circumstances of each Dealer in the same pricing zone may vary from station to station, and yet Shell must treat them all the same. There are 24 storage and distribution terminals.[11]. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. But in the normal case a "posted price" or a future seller's or buyer's "given price," "price in effect," "market price," or the like satisfies the good faith requirement. ; see also Tex. We will never send emails to you from public email domains, such as @gmail.com, @yahoo.com, or @hotmail.com.. She is licensed to practice in the state of Texas and before the U.S. Supreme Court, U.S. Courts of Appeals for the Fifth, Eighth and Federal Circuits, as well as the U.S. District Courts of the Northern, Eastern, Southern and Western Districts of Texas. Todos los derechos reservados. Get Contact Info. 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. Prior to Husky Energy, Jeff served for 11 years in executive-level roles at the Vienna-based integrated energy company OMV, including head of Refining and Petrochemicals at the Petrom subsidiary, head of Downstream Optimization, Supply and Trading, and head of M&A and Corporate Development. & Com. 2d 1308, 1322 (S.D. 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. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. Rather we conclude that allegations of dishonesty under this section must also have some basis in objective fact which at a minimum requires some connection to the commercial realities of the case. what happened to the sylvers father what happened to the sylvers father Travis plays a key role in Motiva's long-term growth plans. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. 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. Income verification through access to your bank account information may be required. Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. @ Am. Click Here. You may find the website and phone number of the merchant. From environmental oversight to community involvement, being a good neighbor - every day - is something we are proud of. Bill also served as General Manager of Shells West Region Sales & Operations, overseeing 3,000 Shell-branded stations in 11 states. Reliability, quality and service are the bedrock of your business. You're all set! 2003); Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 290-91 (4th Cir. at 1312-13. 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. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Difference Between Credit Cards and Charge Cards - NerdWallet Amy received her B.A. He also served as Chairman of the National Hydrogen Association in the US. 2023 All rights reserved. Overview. 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 expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. (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. 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. Ls vr integritetspolicy och cookiepolicy fr att f mer information om hur vi anvnder dina personuppgifter. That means it is charged, but paid off each month. Bus. The sender pressures you to act immediately. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. 2. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. See If You Prequalify*. Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco. S)) (the Notes). Ct. App. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . (Section 2 103). Get in touch to share your skills and experience. The email is written using poor English and includes grammatical errors. Bill Spurgeon is Executive Vice President of Marketing, Sales & Logistics for Motiva. Because its DTW price fell within the range of DTW prices charged by other refiners in the relevant geographic markets (was commercially reasonable) and was applied uniformly among similarly-situated dealers (was non-discriminatory), Shell submits that summary judgment was appropriate. at 454-55. 2023. 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. Kyndryl (NYSE: KD) is the world's largest IT infrastructure services provider. Jeff Newman was named Senior Vice President and General Manager of the Port Arthur Manufacturing Complex in July 2022. She also served as the Secretary and General Counsel of Motiva Trading LLC and as counsel to the Employee Benefits and Investment Committees. JPMorgan is leading the charge to buy . No personal information will be collected. 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. Premising a breach of contract claim solely on assumed subjective motives injects uncertainty into the law of contracts and undermines one of the UCC=s primary goals B to Apromot[e] certainty and predictability in commercial transactions. Search. Instead, Shell suggests that market forces beyond its control are at the root of these problems. He and his wife Becky have been married for 31 years and have two children. 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. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. Jeff spent the first 16 years of his career in roles of increasing responsibility at BP. The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. 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. Bills, Inc. v. Tzucanow, 700 P2d 1280 (Cal. This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. summer research programs for high school students 2022 Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of . Leadership - Motiva The buyer complained that the price increase was not in good faith because the seller had not observed Areasonable commercial standards of fair dealing in the trade. But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. Popular Credit Card Charges. Financial solutions for everyday needs & unexpected expenses.