$32M Smitty’s, CAM2 Tractor Hydraulic Fluid Settlement Preliminarily Approved by Court
Last Updated on October 29, 2024
Wurth v. Smitty's Supply, Inc. et al
Filed: June 27, 2019 ◆§ 5:19cv92
Smitty's Supply and Rural King manufacture and sell "303" hydraulic tractor fluid that a proposed class action alleges is obsolete and not suitable for use given their poor ingredients.
Smitty’s Supply, Inc. and CAM2 International, LLC have agreed to pay nearly $32 million to resolve multidistrict litigation (MDL) that alleged that some of the manufacturers’ hydraulic fluid products were defective and may have damaged tractors in which they were used.
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The official website for the Smitty's and CAM2 class action settlement can be found at 303TractorHydraulicFluidSettlement.com.
The settlement, which was preliminarily approved by the court on October 3, 2024, will provide monetary relief to consumers who purchased the products at issue, including Super S Super Trac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, CAM2 ProMax 303 Tractor Hydraulic Oil and CAM2 303 Tractor Hydraulic Oil.
According to United States District Judge Stephen R. Bough’s 14-page approval order, the $31,900,000 settlement covers anyone who purchased, not for resale, any of the products at issue in the United States and its territories at any time since December 1, 2013. Per the document, the deal specifically excludes those who purchased Super S Super Trac 303 Tractor Hydraulic Fluid in Missouri.
The class action lawsuit against Smitty’s and CAM2 alleged that the products were made with inappropriate ingredients and did not meet the manufacturers’ specifications or provide the advertised benefits. The suit also claimed that using the products damaged or accelerated wear and tear on consumers’ equipment.
The parties now await a hearing scheduled for March 26, 2025 in Missouri, during which Judge Bough will decide whether to grant final approval to the terms of the Smitty’s and CAM2 hydraulic fluid settlement.
Related Reading: Smitty’s Supply, Rural King Hit with Class Action Alleging Sale of ‘Obsolete’ 303 Hydraulic Tractor Fluid
The judge’s order shares that notice of the settlement will be mailed to eligible class members within 30 days of the deal’s preliminary approval. Class members will have 120 days, beginning on the date of mailing, to submit a claim form, which can be filed by mail, fax, email or online through the official settlement website.
As part of the deal, class members who file a timely, valid claim for damages will be eligible to receive a cash payment based on the number of eligible products they purchased. The settlement agreement relays that consumers may expect to receive $12 for each five-gallon bucket purchased, $6 for each two-gallon jug, $4 for each one-gallon jug and $90 for each 55-gallon drum. The document notes that these amounts are equal to 50 percent of each unit’s average sale price since December 1, 2013.
Per the agreement, each damage claim will be capped at $100 unless receipts or other proof showing purchases greater than $100 is provided with a consumer’s claim form.
Furthermore, class members may also file a claim for additional compensation if they had to seek repairs or purchase parts, or experienced specific equipment damage, attributable to use of the products at issue, the settlement agreement says. This benefit will provide up to $1,000 per class member unless proof of repairs, parts or specific damage totaling over $1,000 is furnished, the document adds.
Related Reading: What is multidistrict litigation?
The agreement states that all payments may be subject to a pro-rated increase or decrease depending on the total number of valid claims submitted.
The Smitty’s and CAM2 settlement comes nearly two years after a separate deal was reached in January 2022 with several retailers in connection with the sale of the hydraulic fluid products. The previous settlement provided $7.2 million in cash benefits and involved many of the same class members.
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