United States District Court for the Eastern District of Louisiana
Here we can find answers to common questions about this Settlement. You can either use the search box to type in your own question or click on a question from the list below. After you type in your question, click on the SEARCH button and choose from the displayed answers. These answers provide a general reference only. Please refer to the Detailed Notice or the Summary Notice at this site, for additional information. If after reading this, you still have questions, please call 1-866-314-5812 for assistance.
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Main Summary Notice Detailed Notice Get a Claim Form Lost Wages Form
Settlement Agreement Gasoline Stations List Fleet Storage Facilities List Notificación en Español
If you have questions call 1-866-314-5812.
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.”
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.
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.
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.
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.
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 which is available by calling 1-866-314-5812.
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.
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. A list of storage facilities is available by calling 1-866-314-5812.
If you have already repaired your vehicle, you may still be included in this settlement and you may be eligible to submit a Claim form. You may submit a Claim form requesting reimbursement (See "What does the settlement provide?" and "What if I already filed a claim through the repair program?" below).
Any vehicle that has a gasoline operated engine for carrying or transporting people or objects, including vehicles like automobiles, trucks, sports utility vehicles, all terrain vehicles, riding lawn mowers, watercraft, motorcycles, and motor homes.
Elemental sulfur and/or hydrogen sulfide may affect the silver sensors in fuel gauges, which may cause the gas gauge to malfunction, usually within a few days of using the gasoline or not at all. Many, but not all, makes and models of cars and other vehicles use silver sensors in their fuel gauges, but not every gas gauge was damaged. The gas gauges of cars and other vehicles that do not have silver sensors were not damaged.
If you are not sure whether you are included in the Class, you may call 1-866-314-5812 with questions. You may also write with questions to Gasoline Settlement, P.O. Box 2007, Chanhassen, MN 55317-2007.
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 which 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.
If you participated in one of the oil companies voluntary repair programs, you are still a Settlement Class member if you bought the gasoline in question here.
You can’t get a “double” payment of repair costs or other damages that you already got paid for under a voluntary repair program or from any other source. However, you may be eligible (even if you signed a release in connection with the prior repair program) to submit additional Repair Expenses, Incidental Expenses, or General Damages. You may submit a claim for any additional damages that were not covered under the voluntary program.
If the settlement becomes final, Settlement Class members will be releasing 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.
To ask for a payment, you must complete and submit a valid Claim form. You can also get a Claim form by calling 1-866-314-5812 or writing to the address below. Claim forms must be postmarked by September 12, 2006, and mailed to:
Gasoline Claims
P.O. Box 2007
Chanhassen,
If you have questions about the Claim form you may contact the Claims Administrator at 1-866-314-5812.
Payments will be mailed to Settlement Class members after the Court grants “final approval” of the settlement and any appeals are resolved. Send in your Claim form postmarked by September 12, 2006. The Court is scheduled to consider final approval at a hearing on September 6, 2006 (See section called “The Court’s Fairness Hearing” below). Following final approval of the settlement, the Claims Administrator and Claims Adjusters will review the claims. Payments for reasonable and necessary Repair Expenses and for Incidental Expenses will be paid promptly if the claim is allowed. Claims for actual lost wages and for General Damages will be paid after all claims have been processed. You may contact the Claims Administrator regarding the status of your claim by calling 1-866-314-5812 or by writing to the address listed above.
There is a process in the settlement to resolve disagreements between you and the Claims Adjuster over how much money you should get. You will get further details in the letter you receive about your payment.
No. If you exclude yourself, you cannot get money from this settlement, and you should not send in a Claim form to request a payment. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. But you may sue, continue to sue, or be part of a different lawsuit against the Defendants in the future. You will not be bound by anything that happens in this lawsuit or settlement.
No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims that this settlement resolves. You must exclude yourself from this Class to start or continue your own lawsuit, or to be part of any different lawsuit relating to these claims.
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from In Re High Sulfur Content Gasoline Products Liability Litigation and mention the case number (MDL 1632). Be sure to include your name, address, telephone number, and your signature. You can’t ask to be excluded on the phone or at the website. You must mail your exclusion request postmarked no later than June 30, 2006 to each of the addresses listed below:
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Class Counsel |
Claims Administrator |
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Ben Barnow |
Claims Administrator |
The Court has appointed Ben Barnow, Barnow and Associates, P.C., of
Class Counsel will ask the Court for attorneys’ fees and expenses not to exceed $6.875 million. The Defendants have agreed to separately pay Class Counsel’s fees and expenses and they will not reduce the amount of the settlement fund. The Court may award more or less than these amounts. Class Counsel will also ask for a payment of $2,000 for each of the Class Representatives, who helped the lawyers on behalf of the whole Class. Class Counsel will also ask for a payment of $400 for each of the named Plaintiffs in the Actions (not to exceed a total of $4,000 for each case).
If you’re a Settlement Class member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views if you properly submitted an objection on time. To object, you must send a letter saying that you object to In Re High Sulfur Content Gasoline Products Liability Litigation and mention the case number (MDL 1632). Be sure to include: (1) your name, address, telephone number, and your signature; (2) proof of purchase from a Designated Gasoline Station or Designated Private Fleet Storage Facility from May 11, 2004 to June 2, 2004; (3) whether you plan to appear at the Fairness Hearing; and (4) the reasons why you object to the settlement along with any legal authority, if any, that supports your objection. If you do not have any proof of purchase you will need to state in your letter the approximate date of the purchase, the grade of gasoline purchased, the method of payment (cash, credit card, or debit card), and the station or location where you purchased the gasoline. Check section 6.1 of the settlement agreement for additional requirements for making an objection. Mail the objection to the three addresses listed below postmarked no later than June 30, 2006:
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Clerk of the Court |
Class Counsel |
Defense Counsel |
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Clerk of the Court |
Ben Barnow |
Donald R. Abaunza |
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold a Fairness Hearing at 10:00 a.m. on Wednesday, September 6, 2006, in Courtroom C501 of the United States District Court for the Eastern District of Louisiana, 500 Poydras Street,
No. Class Counsel will answer any questions Judge Lemelle may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear in In Re High Sulfur Content Gasoline Products Liability Litigation.” Be sure to include your name, address, telephone number, the case number (MDL 1632), and your signature. Your Notice of Intent to Appear must be postmarked no later than June 30, 2006, and be sent to the addresses in "How do I tell the Court if I don't like the settlement?" You cannot speak at the hearing if you excluded yourself from the Class.
If you do nothing, you will not get any payment from this settlement. And, unless you exclude 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.
This notice summarizes the proposed 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,
