Stuart Alan Schwager

Practice Details

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• Firm Information
  Position

  Principal

  Firm Name

  Lerch, Early & Brewer, Chartered
• Representative Cases & Transactions
  Cases

  Representation Matters: Petroleum Marketing: Represented Baltimore-area service station dealers in state court litigation brought by their long-time distributor seeking temporary
  preliminary injunctive relief
  liquidated damages for alleged failures to meet contractual volume requirements.
  Represented Philadelphia area service station dealer in obtaining temporary
  preliminary injunctive relief against regional distributor enjoining termination of petroleum franchise.
  Represented Baltimore gas station/convenience store operator facing closure by the Police Commissioner under city padlock law
  termination of its franchise by its supplier due to alleged illegal drug activity occurring on the station property. Termination of franchise was enjoined by consent while padlock hearing was contested. Station business was ultimately sold to another operator
  reopened.
  Represented multiple northern Virginia service station dealers in federal lawsuit seeking to enforce their right of first refusal under Virginia Petroleum Products Franchise Act to purchase station properties following transfer of station properties.
  Represented Alex
  ria VA seller in $3+ million sale of service station real estate
  business.
  Represented purchaser of multiple Washington DC
  suburban Maryl
  service stations.
  Reviewed
  negotiated br
  ed motor fuel supply agreements
  station leases.
  Represented regional distributor in state condemnation proceeding resulting from a road widening project that required the demolition of the existing station.
  Successfully negotiated resolution resulting in long-term lease for operation of service station on after-take property as well as monetary recovery from taking authority.
  Defended regional distributor against New Jersey station dealers attempt to gain right of first refusal/bona fide offers to purchase station properties.
  General Franchise Law: Represented automobile dealer in shareholder dispute resulting in purchase of entire dealership.
  Represented Dunkin' Donuts franchisees in lawsuits challenging terminations.
  Represented franchisees in FDD review
  franchise agreement negotiations.
  Antitrust: Represented Nucor Steel in In re Graphite Electrodes antitrust litigation.
  Bankruptcy/Creditors Rights: Represented out-of-state supplier in filing Section 503(b)(9) motion for preference claim related to goods supplied within 20 days prior to bankruptcy filing in Chapter 11 bankruptcy.
  Represented commercial l
  lord in asserting post-petition, pre-rejection administrative claim
  lease rejection damages in Chapter 7 bankruptcy.
  Represented out-of-state warehouse operator in lift stay motion to permit sale of Chapter 11 debtor's goods subject to warehouse lien.