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rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I have been in the book business for 40 years serving private

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I have been in the book business for 40 years serving private schools through out the USA. I started my own business in 1993 purchasing from Book Publishers and distributors. We have an excellent reputation with suppliers and accounts. Mcgraw-Hill Publishers has sold to us over the years with credit lines exceeding $250,000. We have always paid our bills and they have never stopped filling our orders until ay 31, 2012. I received a email stating the foll.owing.
Mr. Sauer,



I regret to inform you that McGraw-Hill School Education has discovered that Educational Sales Company (ESCO) is not eligible to receive school net pricing and that the discount will be removed from ESCO’s account effective immediately. This is due to the discovery of a violation of the reseller agreement. ESCO sells used McGraw-Hill Education titles.



The agreement states, “These pricing terms are offered by the above-referenced Divisions only on the condition that the Reseller (either itself or through an affiliate, i.e., any person or entity that controls or is controlled by Reseller) does not provide or sell to schools used, currently in-print, McGraw-Hill titles published by these Divisions. In the event McGraw-Hill determines that a violation of these conditions has occurred, McGraw-Hill will no longer accept the Reseller's orders for purchase at school net price of titles from any of the McGraw-Hill Education Group divisions.”



For your convenience, I have attached a copy of the signed reseller agreement and below, I have provided screen shots of ESCO’s web pages which prove the violation.

This industry have evolved from schools handling their own bookstore on campus. They found that with the internet the students have access to purchase used textbooks from many sources and found that they were not able to provide a on campus bookstore service to there students. During the past 5 years we have contracted with the schools to handle the textbook needs exclusively on line as their official school store. This service requires us to buy back books from students at the end of the year and make them available to the students at the same school at a reduced price. The new adoptions are ordered from the publisher as well as additional quantities as needed to take care of the demand from the students. WE service over 35,000 students and are committed to provide the text needed.
We currently have a need for over $100,000- $1 million worth of books from McGraw over the next 90 days. We have no intention to breach the agreement made in 2008. The difference now is we are doing the job that the schools once did relating to used books on campus. We need to somehow get McGraw-Hill Companies to understand and cooperate continue to sell to us.
Please help me in an effort to resolve ASAP
Submitted: 2 years ago.
Category: Business Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  rvlaw replied 2 years ago.

Hi and welcome to JA,

This is what I suggest:

1. An immediate lawsuit in law alleging that M breached the contract

2. Include a claim in equity claiming laches on M's part. That means that it sat on its rights concerning your alleged breach for so long that you have been damaged. You have relied on the validity of the contract in taking orders and otherwise operating your business,

3. On filing the suit, file an Order to Show Cause. This is an application to the court to be decided in a day or two ordering M to continue to operate per the contract unil the lawsuit is decided.

4. Include in the application an order that M not selectively take a different position with other companies in your position.

rich

rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
rvlaw and 2 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
I appreciate your good advice. Do I need to retain council in Arizona where I do business or Ohio, The headquaters for McQraw-Hill? Do you have any recommendations?
Expert:  rvlaw replied 2 years ago.

Since M has done business in your state and you have suffered damages in your state, you can sue M in your state under what we call "long arm" jurisdiction established by the U.S. Supreme Court in the case of International Shoe Co. v. Washington. This case recognized the reality that companies like M do business in many states and should be required to defend themselves in those states rather than force all potential plaintiffs to come to M's state to sue.

To find a lawyer in Arizona:

Go online to Martindale.com. This is a nationwide directory we lawyers use to find highly qualified legal specialists in various fields. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to you and your kind of case. The process is that these other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.

The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with.

Rich

rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
rvlaw and 2 other Business Law Specialists are ready to help you

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