White, Graham, Buckley & Carr L.L.C. partners Bryan White and Bill Carr, along with co-counsel Tom Bender and Dirk Hubbard of Horn Aylward & Bandy, and Clayton Jones of the Clayton Jones Law Firm, recently reached a settlement with defendants in a class-action lawsuit against Walmart, Inc., arising from the sale of Super Tech “303” tractor hydraulic fluid (THF).
WGB&C initially filed suit on behalf of its clients and other purchasers in the state of Missouri after investigations revealed that plaintiffs were misled by product labeling for the THF, which exposed purchasers’ equipment to increased wear and damage.
The plaintiffs purchased THF that was mislabeled as “303” THF, an obsolete designation discontinued in the 1970s after the use of sperm whale oil — a main ingredient in the original 303 formulation — was outlawed. Despite the fact the 303 designation is obsolete and that there is no known 303 specification against which defendants’ fluid could be measured, defendants produced and sold their tractor hydraulic fluid as “303” THF in Walmart stores in the state of Missouri.
On June 21, the involved parties filed a joint motion for preliminary approval of proposed class-action settlement. The settlement agreement will provide substantial relief to members of the proposed settlement class comprising persons who have purchased Super Tech 303 Tractor Hydraulic Fluid from Walmart stores in the state of Missouri between August 30, 2013, and the present, excluding those who purchased for resale. The settlement is currently filed with the United States District Court for the Western District of Missouri for approval.