Draeger Oil Co., Inc., et al. v. The Uno-Ven Company, et al., Case No. 99-C-317 (E.D. Wis. 7-26-00) Slip Opinion

Class action alleging termination of franchises in violation of PMPA. Plaintiffs claimed voluntary transfer of trademark rights did not constitute a "loss" of those rights under the PMPA that would allow for termination of existing franchises. Plaintiffs sought to amend the complaint to allege unjust enrichment in an effort to recover Defendant's profits gained from the transfer of trademark rights. Court held that where a state law claim arises from a franchise termination and the remedies under that claim differ from remedies available under the PMPA, the state law claim is preempted. The only damages available under the PMPA are limited to actual damages and, in some cases, exemplary damages.