Grandis Family Partnership, Ltd. v. Hess Corp.
United States District Court for the Southern District of Florida
588 F.Supp.2d 1319 (D. Fla. 2008)
Hess Corporation (Hess) (defendant) operates retail gas stations in Florida. In May 2007, Hess began negotiating with Advanced Power Technologies (APT) (plaintiff) for APT to replace the lighting and ballasts at Hess’ gas stations. An agreement was formalized in writing on July 2, 2007 (Agreement). The Agreement included a number of appendices, schedules, and a list of documents incorporated into the Agreement by reference. The parties’ relationship eventually broke down and APT brought suit against Hess. Hess brought a motion arguing that the Agreement required any dispute between the parties to be resolved by arbitration. Although the Agreement itself did not have an arbitration clause, Hess noted that it had previously sent thirty-two of Hess’ standard Purchase Orders to APT. The standard Purchase Order incorporated an arbitration clause found on Hess’ website. According to Hess, Schedule C of the Agreement referenced “purchase orders,” and thereby incorporated the terms of Hess’ standard Purchase Order, which included the arbitration clause. At the evidentiary hearing, Hess produced an agenda for a May 2007 meeting, which indicated that Hess provided APT with a sample Purchase Order at that time. Hess also testified that it had sent APT the same Purchase Order form when it ordered ballasts from APT in 2007. Thus, Hess argued, it should have been clear to APT that Schedule C’s references to “purchase orders” referred to Hess’ standard Purchase Order.
Rule of Law
Holding and Reasoning (Zloch, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.