Heads Up

Lawsuits filed in cases alleging 'hot fuel' consumer rip-off


As you learn more about the “hot fuel” lawsuits that call for fuel retailers and oil companies to cease an alleged rip-off at the pump, it’s important to know who is involved.

Here’s some info to help you keep track of who’s who in the courtroom.

OOIDA is not a plaintiff in these lawsuits, but a number of individual owner-operators and Association members are plaintiffs. The OOIDA Foundation also provided research to bolster the cases against the retailers.

Lawsuits have been filed so far in U.S. District Courts in California, New Jersey, Kansas and Missouri.

Here is the case information for each, and links so that you can read the actual lawsuits as they were filed:

 

Filing date: Dec. 13, 2006

Filing location: U.S. District Court for the Northern District of California, San Francisco

Filing law firms: Carlson, Calladine & Peterson LLP of San Francisco; along with Kellog, Huber, Hansen, Todd, Evans & Figel of Washington of DC; and Korein Tillery LLC of St. Louis; and Richardson, Patrick, Westbrook & Brickman LLC of Charleston, SC.

Plaintiffs: Pamela Alwell, Kaufman, TX; Kenneth Becker, Montgomery, TX; Nathan Butler, Oakland Park, FL; Lesley Duke, Hertford, NC; Roy Edson, Lynchburg, VA; Richard Galauski, Howell, NJ; Charles Parrish, Sierra Vista, AZ; Mark Rushing, Spearsville, LA; John Taylor, Cross Junction, VA; John Telles, Pinole, CA; William Younger, Kathleen, FL. Although all of the named plaintiffs in this case are OOIDA members, the Association did not file the case.

Plaintiffs seek: Class-action status; monetary restitution from the defendants incidental to a judgment; that the defendants install temperature-compensation devices on all fuel pumps; that the defendants notify consumers that they have violated the 60-degree standard; and a payment of the plaintiffs’ legal fees.

Defendants: Alon USA Inc; Ambest Inc.; Chevron USA Inc.; Circle K Corp.; Citgo Petroleum Corp.; ConocoPhillips (including Conoco, Phillips 66 and 76 brands); Costco Wholesale Corp.; Flying J Inc.; Petro Stopping Centers LP; Pilot Travel Centers LLC; 7-Eleven Inc.; Shell Oil Products Co. LLC; Tesoro Refining and Marketing Co.; The Kroger Co.; TravelCenters of America Inc.; Valero Marketing and Supply Co. and Wal-Mart Stores Inc.

Click here to read the original complaint (PDF).

 

Filing date: Dec. 15, 2006 (Amended March 2, 2007)

Filing location: U.S. District Court for the District of New Jersey, Newark

Filing law firms: Tomkins, McGuire, Wachenfeld & Barry of Newark, NJ; along with Carlson, Calladine & Peterson of San Francisco; Kellog, Huber, Hansen, Todd, Evans & Figel of Washington of DC; Korein Tillery of Chicago; and Richardson, Patrick, Westbrook & Brickman of Charleston, SC.

Plaintiffs: Donald Allen, Goodyear, AZ; Kenneth Becker, Montgomery, TX; Nathan Butler, Oakland Park, FL; Richard Galauski, Howell, NJ; Jim Mellon, Kinston, AL; Dennis Sapp, Reidsville, NC; John Telles, Pinole, CA; William Younger, Kathleen, FL. Although all of the named plaintiffs in this case are OOIDA members, the Association did not file the case.

New Jersey plaintiffs amended the lawsuit March 2, 2007, further alleging that fuel retailers have breached their contracts with consumers regarding the volume and temperature of a gallon of fuel.

The plaintiffs also increased the number of states where the alleged "hot fuel" consumer rip-off is taking place from seven to 17, as well as Washington, DC.

Plaintiffs seek: Class-action status; monetary restitution from the defendants incidental to a judgment; that the defendants install temperature-compensation devices on all fuel pumps; orders that the defendants notify consumers that they have violated the 60-degree standard; and payment of the plaintiffs’ legal fees.

Defendants: Amerada Hess Corp., ExxonMobil Corp., Getty Petroleum Marketing Inc., Motiva Enterprises LLC and Sunoco Inc.

Click here to read the original complaint (PDF).
Click here to read the amended complaint (PDF).

 

Filing Date: Dec. 22, 2006

Filing location: U.S. District Court for the Western District of Missouri, Jefferson City.

Filed by: Cook, Vetter, Doerhoff & Landwehr of Jefferson City, MO, along with Bartimus, Frickleton, Robertson & Gorny of Leawood, KS; and Kempton & Russell of Sedalia, MO.

Plaintiff: Victor VanDyne of Pettis County, MO, on behalf of other persons and entities who paid Missouri and/or federal fuel taxes.

Plaintiff seeks: Class-action status; financial restitution for the class for state taxes paid on fuel sold without temperature compensation, specifically gasoline.

Defendants: Murphy Oil USA Inc.; Casey’s General Store Inc.; Kum & Go LC; MFA Oil Co.; Flying J Inc.; 7-Eleven Inc.; Pilot Travel Centers LLC; QuikTrip Corp.

Click here to read the original complaint (PDF).

 

Filing date: Dec. 29, 2006

Filing location: U.S. District Court for the District of Kansas, Kansas City, KS.

Filing law firms: Horn, Aylward & Bandy of Kansas City, MO; Walters, Bender, Strohnbehn & Vaughan PC of Kansas City, MO.

Plaintiffs: Zachary Wilson, Gardner, KS; Robert Soetaert, Shawnee, KS; Wonderland Miracle Carnival Co., Shawnee, KS; Bob Soetaert Trucking, Shawnee, KS. Although Soetaert is an OOIDA member, the Association did not file the case.

Plaintiffs seek: Class status; monetary restitution from the defendants incidental to a judgment; that the defendants install temperature-compensation devices on all fuel pumps; that the defendants notify consumers that they have violated the 60-degree standard; and a payment of the plaintiffs’ legal fees.

Defendants: Ampride; BP Corporation North America Inc.; Casey’s General Store; Chevron USA; Circle K Stores; Citgo Petroleum Corp.; Coastal Mart; ConocoPhillips Co.; Costco Wholesale Corp.; Exxon Mobil Corp.; Flying J; MFA Oil Co.; Petro Shopping Centers; Pilot Travel Centers; Presto Convenience Stores; 7-Eleven; Shell Oil Co.; Sinclair Oil Corp.; Valero Marketing and Supply Co.; Wal-Mart Stores Inc.

Click here to read the original complaint (PDF).

 

Filing Date: Dec. 30, 2006

Filing location: U.S. District Court for the Western District of Missouri, Kansas City

Filing law firms: Horn, Aylward & Bandy of Kansas City, MO; Walters, Bender, Strohnbehn & Vaughan PC of Kansas City, MO.

Plaintiff: James Vanderbilt, Kansas City, MO.

Plaintiffs seek: Class-action status; monetary restitution from the defendants incidental to a judgment; that the defendants to install temperature-compensation devices on all fuel pumps; that the defendants notify consumers that they have violated the 60-degree standard; and a payment of the plaintiffs’ legal fees.

Defendants: BP Corporation North America Inc.; Casey’s General Store Inc.; Chevron USA Inc.; Circle K Stores Inc.; Citgo Petroleum Corp.; Coastal Mart Inc.; ConocoPhillips Co.; Costco Wholesale Corp.; ExxonMobil Corp.; Flying J Inc.; Kum & Go LC; MFA Oil Company Inc.; Petro Shopping Centers Inc.; Pilot Travel Centers LLC; Presto Convenience Stores LLC; 7-Eleven Inc.; Shell Oil Co.; Sinclair Oil Corp.; Valero Marketing and Supply Co.; Wal-Mart Stores Inc.

Click here to read the original complaint (PDF).