Ky. Price-Gouging Case Against Marathon Advances

Law360, New York (October 8, 2009, 3:40 PM EDT) -- A Kentucky judge has ruled that a state price-gouging law is constitutional and that a lawsuit filed by the Kentucky attorney general against Marathon Oil Corp. over price hikes following hurricanes Katrina and Rita can move forward.

Judge Thomas Wingate of the Franklin Circuit Court on Monday dismissed three counterclaims filed by Marathon arguing that the gouging law was vague and that it violated separation of powers and due process clauses of the Kentucky and U.S. constitutions.

Kentucky's then-Gov. Ernie Fletcher, a Republican, declared a state...
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