Preliminary Class Action Settlement Approved For Missouri Purchasers Of O'Reilly 303 Tractor Hydraulic Fluid
On April 10, 2019, Federal District Court Judge Ortrie Smith issued his Order granting preliminary approval to a class action settlement on behalf of more than 10,000 purchasers of O’Reilly 303 Tractor Hydraulic Fluid in Missouri. In Miller, et al. v. O’Reilly Automotive, Inc., et al., the Plaintiffs alleged that the O’Reilly 303 Tractor Hydraulic Fluid did not meet the equipment manufacturer specifications stated on the label.
Defendants stopped selling O’Reilly 303 Tractor Hydraulic Fluid in Missouri after the Missouri Department of Agriculture (“MDA”) in December of 2017 banned the sale of all “303” tractor hydraulic fluid products in Missouri. The MDA conducted tests which showed none of the “303” tractor hydraulic fluids being sold in Missouri were in compliance with current OEM specs, and it stated that the ban would be put in place based on concern for damage that could be done to tractors and other equipment operated by Missourians. Defendants have denied and continue to deny the allegations made by Plaintiffs.
The class action settlement in this case provides each class member an award equal to approximately 40% of the amount paid for the O’Reilly 303 Tractor Hydraulic Fluid products purchased in Missouri from July 20, 2013 to the present. By the end of May, a Class Settlement Notice will be mailed by the Court-appointed Settlement Administrator to thousands of Missouri purchasers, and in that same time period there will be a settlement website at which Claim Forms can be obtained and submitted.
A Final Approval Hearing on this Settlement has been set by Judge Smith for December 16, 2019.
Plaintiffs’ Class Counsel in the case are: Tom Bender and Dirk Hubbard of Horn Aylward & Bandy, LLC in Kansas City (816-595-7721; dhubbard@hab-law.com); Gene Graham, William Carr, and Bryan White of White, Graham, Buckley & Carr in Independence, Missouri (816-373-9080; bwhite@wagblaw.com); and Clayton Jones of Clayton Jones Law Firm in Raymore, Missouri (816-318-4266; clayton@claytonjoneslaw.com).