September 29, 2021
White, Graham, Buckley & Carr L.L.C. partner Bryan White and co-counsel secured preliminary approval of a $7.2 million class action settlement fund that was the result of a class settlement agreement between a nationwide class of plaintiffs and four retailers who sold certain types of Smitty’s and CAM2 303 tractor hydraulic fluid (THF) that plaintiffs allege were mislabeled and caused equipment damage after using the products.
White was joined by co-counsel Tom Bender and Dirk Hubbard of Horn Aylward & Bandy, and Clayton Jones of the Clayton Jones Law Firm; partners William Carr and Gene Graham assisted. The case was featured in a recent Top Class Actions article.
The plaintiffs alleged the fluid was improperly labeled and manufactured improperly and exposed purchasers’ equipment to increased wear and damage when the product was purchased and used in tractors and other hydraulic equipment. The four retailers, Tractor Supply Co., Orscheln Farm and Home, Rural King and Atwood, continue to deny the allegations but worked with plaintiffs’ counsel to reach a settlement for the benefit of purchasers and to avoid further litigation.
This litigation follows similar 303 THF cases in which White and WGBC secured class-action settlements purchasers in Missouri and across the country, including securing an $8.5 million class settlement against O’Reilly Auto Parts, a $19 million settlement fund in a case against CITGO and Orscheln Farm and Home and a $1.7 million Missouri settlement fund in a case against Tractor Supply Co. and Smitty’s Supply, Inc.
WGBC’s ongoing 303 litigation against several manufacturers arose from 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 Despite the fact the 303 designation is obsolete and that there is no known 303 specification against which such fluid could be measured, several manufacturers produced and sold their tractor hydraulic fluid as “303” THF in stores across the country.
Learn more about the firm’s work with 303 Tractor Hydraulic Fluid Class Actions.