Consumer Reports actually ran the numbers and calls the theory that gasoline is a better bargain in the early morning because of cooler temperatures a myth; underground tanks change temperature very very little over the course of a day. Nevertheless, trial lawyers have proceeded with a gigantic putative class action against virtually every fuel retailer in the United States on the theory that they have committed consumer fraud by failing to disclose to consumers the basic law of physics that liquid expands with temperature, and thus a higher-temperature gallon has slightly fewer molecules than a lower-temperature gallon. Costco was the first to settle: $0 for supposedly injured consumers, and up to $10 million for the attorneys. The Center for Class Action Fairness objected, and that settlement is under review in the district court, with the plaintiffs using junk economics to argue that the settlement is worth $100 million to the class. Meanwhile, with trial scheduled to start next month, Shell, BP, and ConocoPhillips have announced settlements, though details are not available. One suspects, however, that they will similarly unfairly award the attorneys far more than consumers.
Settlements in Kansas "hot fuel" litigation MDL
- Evading CAFA's scrutiny of coupons: In re Online DVD Rental
- Fox Business on class action settlements
- Gallucci v. Boiron
- Cy pres in the appellate courts: In re Lupron and In re Baby Products
- $7M for attorneys, $0.5M for class
- Apple iPhone 4 bumper class action settlement
- Third Circuit argument in Dewey v. Volkswagen
- Dewey v. Volkswagen oral argument tomorrow
- How much is the Bluetooth settlement injunction worth?
- CCAF Seventh Circuit briefing on derivative shareholder suit standards
- Day v. Persels & Associates
- Bad typography evidence of bad faith?
- Apple class actions
- Cobell v. Salazar oral argument in DC Circuit
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