Hornbeck v. Tractor Supply Company: Like many other consumers throughout Missouri, prior to the State of Missouri’s ban the plaintiffs in this class action purchased a 303 THF product called Super S Super Trac 303 Tractor Hydraulic Fluid at Tractor Supply Company retail stores. The Super S Super Trac 303 THF was manufactured by Smitty’s Supply, Inc. and was advertised to assist with anti-wear properties, brake chatter, extreme pressure properties, foam suppression, PTO clutch performance, rust protection, and water sensitivity.
The 303 THF product was used by plaintiffs on equipment, including John Deere Skid Steer Loader Hydraulic System, 1944 John Deere B Tractor, 1950 John Deere 50 Tractor, Hay Wagon Lift Cylinder, Log Splitter Hydraulic Tank, 1952 Chevy Grain Truck Lift Cylinder, and 1958 International Dump Lift System. The plaintiffs allege the labeling of the product was deceptive and misleading, and that the product exposed their equipment to increased wear and damage.
- View the docket here.
Miller v. O’Reilly Automotive, Inc.: Similar to the case above, prior to the State of Missouri’s ban the plaintiffs purchased mislabeled 303 THF products, specifically O’Reilly 303 Tractor Hydraulic Fluid, for O’Reilly retail stores.. The plaintiff allege the defendants’ THF did not meet manufacturer specifications and as fluids that are safe for use in farm, construction and logging equipment and have certain characteristics and qualities that protect equipment from wear and damage.
By naming, labeling, marketing, advertising and selling the 303 THF product in such a misleading manner, and by describing the product using words such as “multi-service” and “excellent performance,” plaintiff allege the defendants led them to conclude that defendants’ 303 THF was completely safe and effective for use in consumers’ equipment and all equipment made by the listed manufacturers.
The plaintiffs allege damage to their equipment, including excessive wear, leakage in the seals, exposure to spiral gear damage, improper and poor shifting, wear and damage to the wet brakes, high pump leakage, and damage from deposits, sludging and thickening.
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Hornbeck v. Orscheln Farm and Home, et al.: Prior to the state of Missouri’s ban on the sale of “303” tractor hydraulic fluids, the plaintiffs in this case purchased defendant Citgo Petroleum’s “303” fluids, including its Premium 303 Tractor Hydraulic Fluid and MileMaster 303 Tractor Hydraulic Fluid sold by defendant Orscheln Farm and Home retail stores as well as at other retailers throughout Missouri and the United States.
WGBC and their co-counsel team initially filed suit on behalf of dozens of Missouri consumers after investigations revealed that the defendants had misleadingly labeled the 303 fluid, which they alleged then exposed purchasers’ equipment to increased wear and damage when the product was purchased and used in tractors and other hydraulic equipment. The case was expanded nationwide and included four different products sold in a variety of sizes – MileMaster 303 Tractor Hydraulic Fluid, H-K 303 Tractor Transmission Hydraulic Fluid, Premium 303 Tractor Hydraulic & Transmission Fluid and SuperTech 303 Tractor Hydraulic Oil – which were sold at retailers including Farm & Fleet, Orscheln Farm and Home, and Walmart.
On October 13, Chief District Judge Beth Phillips of the U.S. District Court for the Western District of Missouri approved an almost $19 million class action settlement, which provided substantial payments to over 30,000 class members nationwide. The settlement fund allowed class members to claim reimbursem*nts of up to 100% of the purchase price of the fluid, as well as reimbursem*nt for any repairs and specific equipment damage resulting from the use of the misleadingly labeled THF. The lawsuit resulted in the second-largest settlement in the state of Missouri in 2020.
- View the docket here.
Allicks, et al. v. Omni Specialty Packaging, LLC, et al.: This class action case was brought by WGBC and their co-counsel team on behalf of a nationwide class of plaintiffs against O’Reilly Auto Parts and two associated companies for the manufacturing and sale of “303”: tractor hydraulic fluid. The team initially filed class actions in several states against the defendants – O’Reilly, Omni Specialty Packaging LLC and Ozark Automotive Distributors Inc. – in 2019 and 2020 on behalf of thousands of consumers after investigations revealed that the defendants had misleadingly labeled the THF.
In November 2010, the team secured preliminary approval of an $8.5 million class action settlement fund for the nationwide class. The settlement agreement consolidated the various cases into a single case in the United States District Court for the Western District of Missouri, Allicks et al v. Omni Specialty Packaging, LLC. The settlement was given final approval by the court on May 28, 2021, and provided refunds to tens of thousands of class members in 46 states.
Burgess v. Martin Operating Partnership: The class of plaintiffs in this case purchased 303 Tractor Hydraulic and Transmission fluid (THF) manufactured by Martin Lubricants and sold at Family Farm and Home Center retail stores in Cass County and throughout the state of Missouri. The plaintiffs alleged the defendant’s 303 THF products – Martin-manufactured Orscheln Premium 303 THF and Martin 303 THF – did not meet the tractor hydraulic fluid specifications of the manufacturers listed on the labels of their 303 THF product.
White, Graham, Buckley & Carr L.L.C. and their co-counsel team secured a $450,000 class action settlement fund for the class of plaintiffs after proving the defendants falsely and deceptively labeled, marketed and offered for sale the 303 THF as “field tested” in farm, logging and construction equipment. The settlement fund provided purchasers in the state of Missouri with a refund for their purchases, as well as a fund to compensate them for damage the 303 fluid caused to their equipment.
Prior to the filing of the class action petition, defendants sold and advertised 303 THF products in yellow buckets called 303 Tractor Hydraulic & Transmission Fluid as an acceptable replacement tractor hydraulic fluid in equipment manufactured by Allis Chalmers, Ford Tractor, Allison, International Harvester, Massey Ferguson, Caterpillar, JI Case/David Brown, Oliver, Deutz and White.
