O’Reilly Automotive Stores’ proposed $8.5 million class action settlement to resolve allegations over the quality of its 303-brand tractor hydraulic fluid was denied preliminary approval by the U.S. District Court for the Western District of Missouri.
The proposed cash payment, equal to 33% of the total net sales of the product, was adequate, but other features of the settlement failed to meet Rule 23 requirements, Judge Greg Kays ruled.
Among other issues was the settlement’s proposed notice, which Kays concluded wasn’t the “best practicable under the circumstances.”
An effective notice campaign should reach between 70% and 95% of class members, ...
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