Citgo Petroleum Corporation has agreed to pay nearly $19 million to resolve allegations that the company sold tractor fluid that does not meet modern specifications and could damage equipment.
Those who can benefit from the settlement include customers who purchased certain 303 Tractor Hydraulic Fluid Products for personal use. Those who purchased the products for resale are not eligible. A full list of eligible products and purchase time periods can be found in the “Who’s Eligible” section below.
In the Citgo tractor fluid class action lawsuit, consumers stated that Citgo and retailers knowingly sold 303 Tractor Hydraulic Fluid Oils that did not meet modern standards. Allegedly, the oils could cause damage to tractors, because they lacked certain protectives and additives.
The customers claimed that the company financially injured customers and put them at risk for physical injury. Allegedly, as the fluid could damage equipment, the equipment could then, in turn, fail during use in farming, construction, logging and other possibly dangerous jobs.
According to the customers, Citgo misled customers with advertisements that the oils adhered to John Deere 303 specifications. However, this information was allegedly false because this standard that has not been used since the 1970s. The customers say that, because there are no current “303” standards, the promises are worthless and deceptive.
The customers went on to argue that the Citgo tractor fluid did not meet modern specifications but the company continued to sell the products nonetheless.
Allegedly, Missouri’s Department of Agriculture conducted testing on 303 oils and found that products bearing this label were not up to modern standards, and also found that these kinds of oils could damage equipment.
Citgo does not admit any wrongdoing to these claims, but agreed to establish a $18,825,000 settlement fund to end the allegations. Both the customers and the company agreed that settling the Citgo tractor fluid class action lawsuit was preferable to continuing to incur the potential costs and risks of litigation. Citgo continues to maintain that the labels were truthful and accurate.
Class Members are eligible for up to 100 percent of the purchase price that they paid for the 303 Tractor Hydraulic Fluid products, as well as reimbursement for repairs, parts, and equipment damage related to use of the 303 Tractor Hydraulic Fluid products.
Of the funds, Class Representatives will each receive up to $5,000 for their role in the Citgo tractor fluid class action lawsuit. Attorneys for the Class will receive up to $5.9 million for fees and expenses, which will not come out of the settlement fund.
To receive settlement benefits, Class Members must submit a claim for benefits by Aug. 31, 2020. Class Members who do not wish to participate in the settlement but want to retain their rights to pursue independent litigation over the Citgo tractor fluid issue must opt out of the settlement by Aug. 31, 2020. Class Members who remain in the Class, whether or not they receive benefits, will waive their rights to pursue other litigation.
Class Members also have the right to object to the settlement and must do so by Aug. 31, 2020. The court will hold an approval hearing on Oct. 13, 2020.
Class Members include customers who purchased one of the following products sold in the United States during the following Class Periods:
|Product||Size||Start Class Period||End Class Period|
|MileMaster 303||3/2 gal.||Jan. 23, 2017||Present|
|MileMaster 303||5 gal.||May 25, 2013||Present|
|MileMaster 303||55 gal.||May 25, 2013||Present|
|H-K 303||3/2 gal.||May 25, 2013||April 30, 2016|
|H-K 303||5 gal.||May 25, 2013||March 21, 2019|
|Orscheln 303||5 gal.||Sept. 3, 2014||Aug. 16, 2017|
|SuperTech 303||5 gal.||Feb. 17, 2016||Feb. 10, 2018|
Customers who purchased the products for resale are excluded from the Class.
Both cash awards and reimbursement for costs are available as settlement benefits.
Class Members are eligible for up to 100 percent of the purchase price they paid for the 303 Tractor Hydraulic Fluid products, and are eligible for reimbursement costs related to repairs, damage to equipment, and replacement parts connected to the use of the Class Products during the specified Class Period.
Proof of Purchase
Proof of purchase is not required, but Class Members must provide information on where and when they purchased the products in question. To receive compensation for damages, customers must provide information about the damages and the costs they incurred as a result.
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
Hornbeck, et al. v. Orscheln Farm and Home LLC, et al., Case No. 4:18-cv-00941, in the U.S. District Court for the Western District of Missouri
303 THF Settlement
c/o RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102-9479
Gene P. Graham Jr.
William L. Carr
WHITE GRAHAM BUCKLEY & CARR LLC
Dirk L. Hubbard
Thomas V. Bender
HORN AYLWARD & BANDY LLC
CLAYTON JONES LAW
Paul D. Lundberg
LUNDBERG LAW FIRM PLC
Jon D. Robinson
Shane M. Mendenhall
Zachary T. Anderson
BOLEN ROBINSON & ELLIS LLP
Nathan P. Eimer
EIMER STAHL LLP
CITGO PETROLEUM CORP
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
©2008 – 2020 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.