In The News

Winners hard to identify in hot fuel lawsuit

If you purchased gasoline or diesel fuel at any one of 28 different retailers located in 27 states, the District of Columbia or in the U.S. Territories of Guam or the Virgin Islands on or after January 1, 2001, chances are good you’re a part of the “class” in the class action lawsuit that’s near settlement in the U.S. District Court for the District of Kansas.

The class action litigation resulted from a grouping of separate but similar lawsuits the court considered as Motor Fuel Temperature Sales Practices Litigation, MDL No. 1840.

The suits claimed that purchasers were not informed that the fuel had been heated, expanding its volume and reducing the amount of available energy in each gallon.

According to documents released by the court, a settlement has been proposed or, rather, a grouping of separate settlements. It might be a good idea to hold off on making reservations to that dream resort, however, since none of the settlement money is slated for payment to anyone who actually bought the questionable fuel.

With no admission of wrongdoing, petroleum suppliers named in the legal action have agreed to pay over $24.5 million to settle the lawsuit. After legal expenses of up to 30 percent and “incentive fees” of up to $2,000 for the class representatives who brought the original suits, remaining funds will go to retail outlets for purchase and installation of new pumps that correct fuel volumes based on temperature, and to some state weights and measures departments to fund verification actions. Settlement amounts and use of the settlement funds differ among the defendants, as does the number of states each is listed in.

A Fairness Hearing is scheduled for June 9, 2015 at 9:30 a.m. in the Kansas City Courtroom, where the court will decide if the proposed settlements are “fair, reasonable and adequate.”

Members of the class may object to the proposed settlement , may request exclusion from the settlement class, reserving their right to file a separate action, or may request to speak at the hearing. Details, including settlement documents, are available at HotFuelSettlements.com. Contact information is available at that web location as well.

The Trucker staff can be reached to comment on this article at [email protected].

www.theTrucker.com