303 Tractor Hydraulic Fluid Class Action

In Re: Smitty’s/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices, and Product Liability Litigation

MDL No. 2936, Case No. 4:20-MD-02936-SRB United States District Court for the Western District of Missouri

NOTICE OF A CLASS ACTION LAWSUIT

If you purchased Super S Super Trac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, CAM2 ProMax 303 Tractor Hydraulic Oil, and/or CAM2 303 Tractor Hydraulic Oil in any of the states of Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and/or Wisconsin, between December 1, 2013 and December 31, 2021, you may be a member of a class action that has been certified by a Federal Judge.

1. What are these lawsuits about?

The lawsuits are part of a Multi-District Litigation (“MDL”) that is pending in the United States District Court for the Western District of Missouri. The MDL is captioned: In Re: Smitty’s/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices, and Product Liability Litigation, MDL No. 2936, Case No. 4:20-MD-02936-SRB (U.S. Dist. Court, W.D. Mo.).

Purchasers (“Plaintiffs”) of Super S Super Trac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, CAM2 ProMax 303 Tractor Hydraulic Oil, and/or CAM2 303 Tractor Hydraulic Oil (“Smitty’s/CAM2 303”) have sued Smitty’s Supply, Inc. and CAM2 International, LLC (“Manufacturer Defendants”) alleging under various state laws that (1) the Manufacturer Defendants were negligent in regard to the manufacture and sale of Smitty’s/CAM2 303; (2) the Manufacturer Defendants breached express and/or implied warranties with regard to Smitty’s/CAM2 303; (3) the Manufacturer Defendants were unjustly enriched; and, (4) that the Manufacturer Defendants violated certain state consumer protection, deceptive practices, and product liability statutes.

Specific claims have been certified to proceed as a class action for each of the eight states of Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and/or Wisconsin, and you should review information contained in the Long Form Notice for any state in which you purchased Smitty’s/CAM2 303. For more information on Plaintiffs’ Claims, see #5, below.

The Manufacturer Defendants have denied the allegations and claims of wrongdoing and damages. For more information, see #6, below. A jury has not yet decided which side will prevail. There is no money available now, and no guarantee there will be.

2. What state classes have been certified?

The Honorable Stephen R. Bough, a Federal District Court Judge, has certified this case to proceed as class actions. Although the class definitions vary by state, you may be a class member if you purchased Super S Super Trac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, CAM2 ProMax 303 Tractor Hydraulic Oil, and/or CAM2 303 Tractor Hydraulic Oil in the eight states of Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and/or Wisconsin. Each state’s class definition is described in the Long Form Notice which can be found under each state’s page on this website. The Court’s Class Certification Order and other Court Orders are available at the “Court Orders” page of this website.

If you purchased any of these fluids in any of the eight states of Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and/or Wisconsin, you should review information on this website and especially the Long Form Notice for any state in which you purchased Smitty’s/CAM2 303.

You are not part of the classes if you: (1) never purchased Smitty’s/CAM2 303 in any of the eight states noted during the Class Period; (2) you purchased Smitty’s/CAM2 303 solely for resale; (3) you are an employee, director, officer or agent of Defendants or their subsidiaries or affiliated companies; or (4) are an employee of the Court in which the Action is pending (or could be tried or appealed to), or part of their immediate family and staff.

If you purchased Smitty’s/CAM2 303 in states other than the eight states noted, please review the information contained in #8, below.

3. What specific products are included in the class actions certified?

For the states of Arkansas, California, Kansas, Kentucky, Minnesota, New York, and Wisconsin, the four products included in the Court’s class certification Order are: (1) Super S Supertrac 303 Tractor Hydraulic Fluid; (2) Super S 303 Tractor Hydraulic Fluid; (3) CAM2 Promax 303 Tractor Hydraulic Oil; and (4) CAM2 303 Tractor Hydraulic Oil.

For the state of Missouri, the product included is CAM2 Promax 303 Tractor Hydraulic Oil.

The Class Period varies for each of the eight states and can be found in each state’s Long Form Notice which can be found under each state’s page on this website. If you purchased the specific products noted above in any of these eight states, you should review that state’s Long Form Notice on that state’s page of this website for the specific Class Period and other information.

You can review pictures of the bucket labels on the “Products Included” page on this website. Note that not all “303” tractor hydraulic fluids sold in a yellow bucket were manufactured by the Manufacturer Defendants. This lawsuit involves only the specific products made by the Manufacturer Defendants and listed above and on the “Products Included” page on this website. Brands previously made by other manufacturers are not part of this lawsuit, even though labels may look similar.

4. What are my options if I am a Class Member?

If you purchased any of these fluids in any of the eight states of Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and/or Wisconsin, your specific options are described in the Long Form Notice for any state in which you purchased Smitty’s/CAM2 303. You can review the Long Form Notice on each state’s page on this website.

YOUR GENERAL RIGHTS AND CHOICES IF YOU ARE A MEMBER OF ONE OF THE EIGHT STATE CLASSES CERTIFIED:

ACTION		DUE DATE
Do Nothing	If you purchased Smitty’s/CAM2 303 in any of the eight states noted during that state’s Class Period and you do nothing, you will be included in the class lawsuit for that/those state(s). By doing nothing, you keep the possibility of getting money or benefits that may come from a class trial or a settlement. There is no money available now, and no guarantee there will be. By participating in the class action, you give up any rights to individually sue the Manufacturer Defendants for claims covered by the lawsuit.
Exclude Yourself	If you purchased Smitty’s/CAM2 303 in any of the eight states noted during that state’s Class Period, you may request to be excluded from the class(es) by timely submitting a request in writing. Exclusion Forms and Instructions are available on each state’s page on this website. If you wish to be excluded from each state in which you purchased, you must separately request exclusion for each state. If you ask to be excluded, you will not be entitled to any money or benefits that may be later obtained in a class trial or a settlement. But, you keep any rights to sue the Manufacturer Defendants individually for claims covered by this lawsuit.	7/1/2024 for Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and Wisconsin

5. What do Plaintiffs claim?

Specific claims have been certified to proceed as a class action for each of the eight states of Arkansas, California, Kansas, Kentucky, Minnesota, Missouri, New York, and/or Wisconsin, and you should review information contained in the Long Form Notice for any state in which you purchased Smitty’s/CAM2 303.

Plaintiffs allege that Smitty’s/CAM2 303 was made with inadequate and inappropriate ingredients including used transformer oil, used turbine oil, and line flush, did not meet equipment manufacturers’ specifications and was not appropriate for use as tractor hydraulic fluid or hydraulic fluid. Plaintiffs also allege that Smitty’s/CAM2 303 was unfit for the ordinary purpose of such fluid, and that Manufacturer Defendants misrepresented the fluid on labels. Plaintiffs also allege that use of Smitty’s/CAM2 303 causes damage to all tractors and equipment. Plaintiffs contend that repairs, parts, and equipment damage resulting from use of Smitty’s/CAM2 303 includes, without limitation, damage to seals, pumps, filters, gears, clutch and brake systems, power take-off (PTO) systems and increased or excessive wear. Plaintiffs allege that increased wear from use of Smitty’s/CAM2 303 includes, without limitation, scratching, corrosive wear, rippling, ridging, pitting, spalling and scoring of the gears and metal components, seal damage, spiral gear damage, metal abrasion, corrosion, surface wear, clutch wear and breakage, wet brake damage, pump failure, and leakage, as well as damage from deposits, sludging and thickening. Plaintiffs claim that Smitty’s/CAM2 303 was damaging to all tractors and equipment in which it was used.

Plaintiffs seek actual damages including (a) “benefit of the bargain” (purchase price); (b) costs for flush remedy for equipment; (c) amounts by which Manufacturer Defendants were unjustly enriched; and (d) costs for repairs and damage to tractors and equipment. In some states, they will also seek punitive damages and other amounts available under certain state laws.

For more information regarding Plaintiffs’ claims, see #3 and #5 on the Long Form Notice for the state(s) in which you purchased Smitty’s/CAM2 303. Plaintiffs’ Corrected 5th Amended Consolidated Complaint, Plaintiffs’ Suggestions in Support of Class Certification, and Plaintiffs’ Reply Suggestions in Support of Class Certification located on the “Plaintiff’s Pleadings” page on this website.

6. What do Manufacturer Defendants assert in defense of Plaintiffs’ claims?

The Manufacturer Defendants’ summary response to the specific claims certified in each of the eight states is contained in the Long Form Notice at each state’s page of this website.

The Manufacturer Defendants have denied the allegations and all claims of wrongdoing. The Manufacturer Defendants contend their products were properly labeled and suitable for their labeled purposes. Manufacturer Defendants have asserted defenses to the claims that include, but are not limited to, comparative or contributory fault of Plaintiffs and Class Members through misuse, improper modification, or misapplication of CAM2 ProMax 303, as well as intervening or superseding causes of damages, such as improper use or equipment maintenance, equipment age, modification, or history, the failure to follow specifications of equipment manufacturers of the equipment, or the use of other 303 tractor hydraulic fluid products not manufactured by Defendants. Manufacturer Defendants also assert the right to a setoff or credit for Plaintiffs’ and class members’ alleged damages recovered in prior settlement, litigation, or from any person or entity.

For further details on the Manufacturer Defendants’ response to Plaintiffs’ claims, including Defendants’ Answer to Plaintiffs’ Corrected 5th Amended Consolidated Complaint, Defendants’ Opposition to Class Certification, and other pleading located on the “Manufacturer Defendants’ Pleadings” page of this website

7. How do I get more information?

If you have any questions, require additional information, and/or would like to discuss further the claims in this case or your experience with Smitty’s/CAM2 303, you should contact any of the attorneys who are listed as Class Counsel for the Plaintiffs in the Long Form Notice which are available on each state’s page of this website.

8. What if I purchased in other states besides the eight certified as class actions?

The MDL includes Plaintiffs seeking to pursue separate state class action claims for purchasers in 40 states, eight of which have been certified by the Court as noted above. The Court has not yet ruled on class certification with regard to the following other 32 states which are included in the Plaintiffs’ claims in this MDL and on which Plaintiffs seek class certification: Alabama, Arizona, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and West Virginia.

If you purchased Smitty’s/CAM2 303 in any of these 32 states, you do not need to do anything at this time as no class has been certified. The specific claims being asserted for each of these 32 states are set forth in Plaintiffs’ Corrected Fifth Amended Consolidated Complaint which can be viewed at the “Plaintiffs’ Pleadings” page of this website. Note that the Court has previously dismissed claims of Mississippi Plaintiffs.

You may contact Class Counsel with any questions or for more information. See the “Getting More Information/Contacting Class Counsel” page of this website.