A BP subsidiary has requested the dismissal of a $300 million lawsuit filed by three companies over a terminated truck stop franchise agreement. BP's unit, TravelCenters of America, contends that the plaintiffs, by their own admission, failed to meet the terms of the agreement, according to court documents filed in the Northern District of Ohio.

BP to dismiss a $300M suit : Franchise Agreement Details and Claims

TA Franchise Systems LLC and TA Operating LLC, both linked to BP subsidiary TravelCenters of America, moved to dismiss the lawsuit brought by DG Gas LLC, DG Cordelle LLC, and DG Real Estate Partners LLC. The plaintiffs argue that the termination of their franchise agreement was unjustified. However, BP asserts that the DG companies failed to fulfill their obligation to open a TA Express Center truck stop in Cordele, Georgia, by the specified deadline of June 3, 2023.

"The crux of all of plaintiffs' claims is that the opening deadline was not material and, therefore, termination of the franchise agreement was unjustified," the dismissal motion states. "Plaintiffs construct increasingly farfetched legal theories designed to achieve their desired outcome. But plaintiffs ignore the most fundamental issue, which is dispositive of nearly all their claims: the express contractual terms to which plaintiffs agreed."

Allegations of Miscommunication and Sudden Termination

In their complaint, the DG companies claim they were unable to meet the initial deadline due to a lack of necessary information from the TravelCenters units. Additionally, they allege that a franchise supervisor from TravelCenters assured them of a deadline extension, which was later retracted after TravelCenters became a BP subsidiary.

According to the complaint, the abrupt retraction of the deadline extension following BP's acquisition of TravelCenters led to the unexpected termination of the franchise agreement, resulting in at least $300 million in damages for the DG companies.

TravelCenters' Response and Legal Representation

TravelCenters accused the DG companies of "feigned surprise" at the termination of the agreement, asserting in its dismissal motion that the plaintiffs were aware of the significance of the opening deadline and the consequences of missing it. The BP unit urged the Ohio federal court to dismiss the DG companies' complaint with prejudice, emphasizing that the claims are expressly barred by the terms of the terminated agreement.

Counsel for the parties did not immediately respond to requests for comment Tuesday.

BP to dismiss a $300M suit : Legal Teams Involved

The DG companies are represented by Hugh McKay, McDaniel Kelly, and Ana Crawford of Porter Wright Morris & Arthur LLP, as well as Matthew T. Furton, Mark Silverman, and Michael Kind of Locke Lord LLP. The TravelCenters companies are represented by Abby L. Risner, Dolores P. Garcia, and Ashtyn N. Saltz of UB Greensfelder LLP.