Gasoline Class Action Settlement-Official Court Website

What is this lawsuit about?

Lawsuits began in May of 2004 after it was discovered that some Motiva batches of gasoline were sold with some amounts of elemental sulfur and/or hydrogen sulfide. Although the total sulfur content was below the applicable governmental regulations, these particular sulfur compounds can damage fuel sensors in some makes and models of cars and vehicles causing gas gauges that measure the fuel level in the vehicle’s gas tank to break or malfunction. The gasoline was supplied to a number of oil companies who, after adding their own additives, sold the gasoline at their retail outlets. The vast majority of the gasoline was sold at Shell and Texaco gas stations.

Judge Ivan L.R. Lemelle of the United States District Court for the Eastern District of Louisiana is overseeing this class action. The case is known as In Re High Sulfur Content Gasoline Products Liability Litigation, MDL 1632. The people who sued are called the “Plaintiffs,” and the companies they sued, including Shell Oil Company and Motiva Enterprises LLC and others, are called the “Defendants.”
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Why is this a class action?

In a class action one or more people like you, called “Class Representatives” (in this case, Thomas Heaney, Terrance Hayes, Stacey Williams, Richard Sharp, Ashley Hawkes and Susan Dwyer), sue on behalf of people who have similar claims. All these people are a “Class” or “Settlement Class members.” One court resolves the issues for all Settlement Class members, except for those who exclude themselves from the Class.
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Why is there a settlement?

Both sides agreed to a settlement to avoid the cost and risk of a trial, and so that the people affected can get benefits, in exchange for releasing the Defendants from liability. The settlement does not mean the Defendants did anything wrong or that they violated any laws. The Class Representatives and the lawyers representing them think the settlement is best for all Settlement Class members.
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How do I know if I am part of the settlement?

The Court decided that Settlement Class members include all people and entities who owned, operated, rented, or leased any vehicle that used particular grades of gasoline manufactured by Motiva Enterprises LLC which were (i) bought from certain gas stations called “Designated Gasoline Stations” during specific time periods from May 11, 2004 to June 2, 2004 (the applicable dates differ for each station) or (ii) delivered to certain storage facilities called “Designated Private Fleet Storage Facilities,” also from May 11, 2004 to June 2, 2004.
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Which gas stations sold the gas (Designated Gasoline Stations)?

The gas stations that allegedly sold the gasoline are called Designated Gasoline Stations. These include some Shell and Texaco gas stations and, depending upon the city or town some other gas stations like BP Amoco, Chevron, Citgo, Circle K, Exxon Mobil, Hess, Murphy, and possibly others. The list is attached as Exhibit A to a document called the Settlement Agreement.
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When was the gas sold?

The affected gas was sold at different times from May 11, 2004 to June 2, 2004, depending on the gas station. You should compare your own gas purchases to the gasoline grades and list of applicable time periods for the sale of the gas at the different Designated Gasoline Station locations. If your purchases fit what is listed in Exhibit A of the Settlement Agreement, you are a Class member.
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What is a Designated Private Fleet Storage Facility?

Designated Private Fleet Storage Facilities include gasoline storage facilities that received one or more of the affected grades of gasoline from May 11, 2004 to June 2, 2004. These storage facilities are owned or operated by entities that operate a fleet of vehicles, and are used exclusively to refuel multiple vehicles owned or operated by the same entity that also owns or operates the gasoline storage facility. A Designated Private Fleet Storage Facility does not include any gasoline storage facility that offers gasoline for sale to the general public, or sells or ships gasoline in tank trucks or other bulk containers. The list is attached as Exhibit B to a document called the Settlement Agreement.
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What does the settlement provide?

The settlement will pay all valid claims for the reasonable and necessary repairs, or reimbursement for reasonable and necessary repairs, of vehicle damage caused by Motiva gasoline (“Repair Expenses”) and reimbursement of “Incidental Expenses” that occurred as a result of the vehicle damage. A settlement fund of $3.7 million will also be created to reimburse Settlement Class members for “General Damages” up to a maximum of $300 in actual lost wages plus $150 in other General Damages per Settlement Class member. If the combined amount of “General Damages” claims received is too great to allow full payment of these amounts, you will get a pro rata share (based on what each Settlement Class member claimed in proportion to the total of all allowed Settlement Class members’ claims). Additionally, the settlement will include a charitable donation of at least $50,000.

· Repair Expenses – documented repair costs that were caused by vehicle damage that resulted from the use of the gasoline.

· Incidental Expenses – documented lodging, towing, rental car costs, and other expenses that resulted from the vehicle damage.

· General Damages – all damages, other than Repair Expenses and Incidental Expenses, including items such as lost time, inconvenience, actual lost wages, annoyance, loss of use, and mental anguish.

· Charity Fund - The settlement recommends to the Court that $50,000 be donated to the American Red Cross National Disaster Relief Fund for the benefit of the victims of Hurricanes Katrina, Rita, and Wilma, or to a suitable charity or other purpose that the Court directs.

If there is any money remaining in the $3.7 million settlement fund after all claims are paid the following will occur; (1) if the amount is less than $50,000 all of the money will be given to the charity fund; (2) if the amount is greater than $50,000, the charity fund will be given $50,000 and up to 50% of the net remaining balance will be used to reimburse the Defendants for the expenses associated with the notice and administration of the settlement, and 50% will be contributed to the charity fund. More details are in the Settlement Agreement.
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What am I giving up as part of the settlement?

Settlement Class members release the Defendants and related people and entities for all the claims described and identified in paragraphs 1.25, 1.26, and 11.1 of the Settlement Agreement, including for any gas gauge damage or any other vehicle damage that resulted from the use of the gasoline. The Settlement Agreement describes the released claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully.
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When will I get my payment?

The Court granted final approval at a hearing on September 6, 2006 (See section called “The Court’s Fairness Hearing” below). Because of a post judgment motion and a related notice of appeal, the court’s approval order became final when these matters were resolved. On December 13, 2006, the court’s judgment became final and the settlement became effective. The Claims Administrator and Claims Adjusters are reviewing all submitted claims, and you will shortly receive a letter explaining the recommended value and status of your claim. Payments for allowed claims, or allowed portions of claims, will be made promptly thereafter.
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What is the status of my claim?

Claims have now all been reviewed for potential deficiencies, and in December, 2006, Deficiency Letters were mailed to claimants who either 1) had outstanding deficiencies in their claims, or 2) did not qualify as members of the class action.

The postmark deadline for re-submitting requested materials to the Claims Administrator was February 12, 2007. Information mailed or faxed after February 12, 2007 will not be considered. If you failed to remedy the deficiencies listed in your Deficiency Letter, your claim could be rejected (in part or in whole).

Claims with cured deficiencies are being passed through to the Claims Adjustor for valuation. If the Claims Adjustor needs additional information to evaluate your claim, they will contact you directly. Claimants will then receive a letter from the Claims Administrator to inform them of the recommended value of their claim. Payments will follow shortly thereafter. If claimants disagree with their recommended claim value, they will have 15 days to file the Notice of Dispute that will be mailed with the Recommendation Letter.

Claimants that failed to remedy their claim deficiencies by the February 12, 2007 deadline, or do not otherwise qualify for payments will receive a Rejection Letter.
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What if I disagree with the determination regarding my claim or payment?

If you disagree with the recommended value of your claim, you will have 15 days from your receipt of the letter describing your claim’s evaluation to file the Notice of Dispute that will be mailed with your letter. All filed Notices of Dispute will be reviewed by a court-appointed, neutral third party who will make an assessment of your claim. The assessment of the neutral third party will be final. You will be contacted regarding the third party’s decision.
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If I excluded myself, can I get anything from this settlement?

No. If you excluded yourself, you cannot get money from this settlement. You are not bound, however, by anything that happens in this lawsuit or settlement.
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If I didn't exclude myself, can I sue later?

No. Unless you excluded yourself, you gave up the right to sue the Defendants for the claims that this settlement resolves.
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Do I have a lawyer in the case?

The Court appointed Ben Barnow, Barnow and Associates, P.C., of Chicago, IL, and Don Barrett, Barrett Law Office, P.A., of Lexington, MS , as "Co-Lead Settlement Class Counsel" to represent the Class.
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When did the Court decide whether to approve the settlement?

The Court held a Fairness Hearing at 1:30 p.m. on Wednesday, September 6, 2006, in Courtroom C501 of the United States District Court for the Eastern District of Louisiana, 500 Poydras Street, New Orleans, Louisiana. At this hearing, the Court considered whether the settlement was fair, reasonable, and adequate, and approved it. The Court also decided how much to pay Class Counsel in attorney’s fees, costs, and expenses.
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What happens if I did nothing at all?

If you did nothing, you will not get any payment from this settlement. And, unless you excluded yourself from this Class, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit, including any other class action, against the Defendants about the legal claims in this case, ever again.
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How do I get more information?

This notice summarizes the settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement. Call toll-free 1-866-314-5812 or write to Gasoline Claims, P.O. Box 2007, Chanhassen , MN 55317-2007, or email gasclaims@analytics-inc.com for more information.
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The Exclusion Request is in Adobe Acrobat PDF format. If your computer is not already configured with the free Acrobat software to view and print these documents, you may get Acrobat by clicking the logo below.

Main Summary Notice Detailed Notice

Settlement Agreement Notificación en Español

If you have questions call 1-866-314-5812.

Certain documents are in Adobe Acrobat PDF format. If your computer is not already configured with the free Acrobat software to view and print these documents, you may get Acrobat by clicking the logo.