In re Motor Fuel Temperature Sales Practices Litigation, MDL No.1840 (U.S. District Court for the District of Kansas)

Plaintiffs sued numerous defendants in dozens of class actions filed in various "hot" states.  Plaintiffs allege that defendants sold motor fuel to plaintiffs when the temperature was greater than 60 degrees Fahrenheit.  During these sales, plaintiffs allege that the defendants delivered a smaller quantity of motor fuel than the amount for which they charged plaintiffs because the energy content of a gallon of fuel varies depending on the temperature.  Plaintiffs brought claims under numerous states’ laws, including consumer protection laws.  Eimer Stahl represented an oil refiner throughout the pendency of this multidistrict litigation, obtaining a favorable settlement in all of the cases that is awaiting final approval by the court.  Throughout the lawsuit, our firm took a leadership role on behalf of defendants and sat on the defendants’ steering committee.