Representative Cases

Case Summary -- N.B. Cochrane Company v. Mac Valves, Inc.

Mac Valves, Inc. retained the Firm to defend The N.B. Cochrane Company’s petition to force Mac Valves to arbitrate the termination of their Distributorship Sales Contract under the Maryland Fair Distributorship Act. Under the contract, Cochrane was to promote, sell and service sophisticated air flow valves manufactured by Mac Valves in the Maryland region. The contract was open ended and terminable at will by either party on thirty days notice. After Mac Valves terminated the contract, Cochrane sought court intervention to force Mac Valves to arbitrate the termination under the MFDA, despite the fact that the contract was signed almost four years before the effective date of Act. The trial Court was persuaded that the retroactive application of the MFDA in this case would be an unconstitutional impairment of the parties’ contract rights without serving a legitimate public purpose. The trial court agreed and granted summary judgment in Mac Valves’ favor, thus saving Mac Valves substantial trial and preparation time and counsel fees.