O’Reilly Auto’s $8.5 Million Tractor Fluid Deal Finally Approved

O’Reilly Automotive Stores’ $8.5 million settlement to resolve class claims over allegedly deceptive and fraudulent labeling of its 303-brand tractor hydraulic fluid won the U.S. District Court for the District of Missouri’s final approval.

Judge David Gregory Kays also approved on May 28 an award of $2.1 million in attorneys’ fees and $25,000 in costs to nine firms serving as class counsel. The award is equal to a multiplier of 3.3 times “the reasonable market value” of counsel’s services. Although “a fairly high number,” it’s not unreasonable given the facts and circumstances of the case, Kay said.

Class counsel “negotiated a complex settlement leading to over 166,000 class members receiving compensation,” after years of working efficiently on the case, and a fee award equal to 25% of the common fund isn’t “unusually high,” Kays said.

The settlement consolidates five lawsuits, resolving claims for 303 THF purchases made across the U.S., excluding purchases made in Missouri, as well as purchases made for resale. The parties settled claims for Missouri purchases separately in an earlier phase of the litigation.

The $8.02 million remaining after attorneys’ fees and costs, administrative expenses, and incentive awards will be distributed in varying amounts based on the quantity of fluid purchased and not returned among 166,390 settlement class members.

The distribution amount for each unit of 303 THF is equal to the net sales price for the unit, multiplied by one of three factors depending on the damages allowed under applicable state law. The applicable class period depends on the statute of limitations specified by each state’s consumer protection statute. Each purchaser will receive an amount equal to between 30 to 41% of their purchases, Kays said.

Each of the 16 settlement class representatives will receive incentive awards of $5,000 each.

As part of the settlement O’Reilly Auto and the other named defendants agreed, without admitting any liability, not to sell any tractor hydraulic fluid labeled or otherwise held out to be “303" or as otherwise meeting the specifications of John Deere 303 “unless the product meets a verifiable John Deer specification, such as JD20A/B or JD20C/D.”

O’Reilly Automotive Stores Inc., Omni Specialty Packaging LLC, and Ozark Automotive Distributors Inc. are represented by Lewis Rice LLC.

Settlement class members are represented by Horn Aylward & Bandy; White, Graham, Buckley & Carr LLC; Clayton Jones Law Firm; Lundberg Law Firm; Beasley Allen Law Firm; Emerson Firm PLLC; Bryant Law Center PSC; Bolen, Robinson & Ellis LLP; and Griffith Law Center PLLC.

The case is Allicks v. Omni Specialty Packaging LLC, W.D. Mo., No. 4:19-cv-01038, 5/28/21.