Smitty’s/CAM2 303 Tractor Hydraulic Fluid Retailers $7.2M Class Action Settlement

Four retailers have agreed to a $7.2 million settlement benefiting individuals who purchased certain types of Smitty’s and CAM2 303 tractor hydraulic fluid and may have experienced equipment damage after using the products.

The Retailer Settlement Class is made up of any person or entity who purchased Super S Supertrac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, Cam2 ProMax 303 Tractor Hydraulic Oil, and/or Cam2 303 Tractor Hydraulic Oil from Tractor Supply Co. — including Del’s Feed & Farm Supply locations — Orscheln Farm and Home LLC, Rural King, or Atwood stores between Dec. 1, 2013, to June 23, 2021.

Those who solely purchased Super S Super Trac 303 Tractor Hydraulic Fluid in Missouri are excluded from the Class.

Plaintiffs in the class action lawsuit alleged the retailers violated state consumer protection laws and accused them of breach of contract, of making fraudulent or negligent misrepresentations, of negligence, and of becoming unjustly enriched because the manufacturer defendants did not provide accurate or truthful information about the products.

The defendants allegedly knew or should have known the 303 tractor hydraulic fluid products were made with used transformer oil, line wash, and other waste products containing additives and contaminants that were not appropriate for use in the products, and that because of this, the products did not meet current specifications, according to the class action lawsuit.

The retailer defendants — Tractor Supply Co., Orscheln Farm and Home LLC, Rural King, and Atwood — deny all allegations of wrongdoing.

The retailers sell a variety of products, such as clothing, tools, pet products, home goods, and more, and have locations throughout the United States.

The claims against the manufacturer defendants, Smitty’s Supply Inc. and CAM2 International LLC, are not resolved by this settlement; that litigation is ongoing.

Also as part of the settlement agreement, the retailer defendants will not sell tractor hydraulic fluid that purports to be “303” fluid and will monitor the quality of the tractor hydraulic fluid they sell by reviewing customer complaints and taking other steps.

After attorneys’ fees and other costs are deducted from the Smitty’s and CAM2 settlement fund, Class Members will be eligible to receive different types of payments:

• Total Claim Value: Each Class Member will receive a total claim value based on a combination of the general equipment damage claim value based on their amount of purchases of the defendants’ 303 tractor hydraulic fluid products from the retailer defendants and the repairs/parts/specific equipment damage claim value based on the administrator’s determination on that Class Member’s submission of a repairs/parts/specific equipment damage claim form, if any.
• General Equipment Damage Claim Value: Each Class Member will receive a general Equipment damage claim value based on a percentage of the price of their purchases of the relevant products from the retailer defendants from Dec. 1, 2013 to June 23, 2021, including compensation for the property damage the plaintiffs allege was generally sustained in equipment using the products. The general equipment damage claim value allowed for the respective unit sizes of the products is $12 for each five-gallon bucket purchased, $4 for each one-gallon jug purchased, $6 for each two-gallon jug purchased, and $90 for each 55-gallon drum purchased. These amounts are an estimated 50 percent of that unit’s average sale price during the Class Period.
• Repairs/Parts/Specific Damage Claim Value: Class Members who submit a timely repairs/parts/specific equipment damage claim form will receive an amount based on the settlement administrator’s assessment of the claimant’s equipment repairs, parts purchases, and/or specific damage to equipment that in whole or in part may have resulted from use of the relevant products during the Class Period. Such repairs, parts purchases, and/or equipment damage may relate to damage to seals, pumps, filters, gears, and clutch and brake systems, power take-off systems, and/or losses resulting from equipment being damaged beyond reasonable repair that occurred due to increased or excessive wear resulting from use of the products. Examples of this wear include scratching, corrosive wear, rippling, ridging, pitting, spalling and scoring of the gears and metal components, seal damage, spiral gear damage, metal abrasion, corrosion, surface wear, clutch wear and breakage, wet brake damage, pump failure, leakage, and damage from deposits, sludging, and thickening. Class Members wishing to file this type of claim must submit a Repairs/Parts/Specific Equipment Damage Claim Form and receipts or other paperwork (if available) related to their losses, repairs, and/or parts.

Awards from this settlement with the retailers will be combined at a later date with any potential funds obtained through a judgment or settlement with the manufacturer defendants.

A fairness hearing in the Smitty’s/CAM2 303 tractor hydraulic fluid settlement is scheduled to take place Jan. 6, 2022.

Those who would like to opt out of or object to the settlement must do so by Dec. 29, 2021.

The deadline to file a claim in the Smitty’s/CAM2 303 tractor hydraulic fluid settlement is also Dec. 29, 2021.

Who’s Eligible

The Retailer Settlement Class is made up of any person or entity who purchased Super S Supertrac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, Cam2 ProMax 303 Tractor Hydraulic Oil, and/or Cam2 303 Tractor Hydraulic Oil from Tractor Supply Co. — including Del’s Feed & Farm Supply locations — Orscheln Farm and Home LLC, Rural King, or Atwood stores between Dec. 1, 2013, and June 23, 2021.

Those who solely purchased Super S Super Trac 303 Tractor Hydraulic Fluid in Missouri are excluded from the Class.

Potential Award

Varies.

Proof of Purchase

Receipts or other paperwork (if available) related to the Class Member’s losses, repairs, and/or parts.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/29/2021

Case Name

In Re: Smitty’s/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices, and Product Liability Litigation, MDL No. 2936, Case No. 4:20-MD-02936-SRB, in the U.S. District Court for the Western District of Missouri

Final Hearing

01/06/2022

Settlement Website

303TractorHydraulicFluidSettlement.com

Claims Administrator

In Re: Smitty’s/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices, and Product Liability Litigation
c/o S RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102-9479
Phone: 866-742-4955
Fax: 215-827-5551
303tractorhydraulic​fluidsettlement​@rg2claims.com

Class Counsel

Tom Bender
Dirk Hubbard
HORN, AYLWARD & BANDY LLC

Gene Graham
William Carr
Bryan White
WHITE, GRAHAM, BUCKLEY & CARR LLC

Clayton Jones
CLAYTON JONES, ATTORNEY-AT-LAW

Tricia Campbell
LANGDON & EMISON

Athena Dickson
SIRO SMITH DICKSON LAW FIRM

Jon D. Robinson
Zachary T. Anderson
BOLEN ROBINSON & ELLIS LLP

John G. Emerson
EMERSON FIRM, PLLC

Mark P. Bryant
BRYANT LAW CENTER PSC

Christopher D. Jennings
JOHNSON FIRM

Stephen R. Basser
Sam Ward
BARRACK, RODOS & BACINE

Paul D. Lundberg
LUNDBERG LAW FIRM PLC

Travis A. Griffith
GRIFFITH LAW CENTER PLLC

James E. Malters
MALTERS, SHEPHER & VON HOLTUM

Defense Counsel

Nikki Cannezzaro
FRANKE SCHULTZ & MULLEN PC

Joseph Swift
BAKER STERCHI COWDEN & RICE LLC