KANSAS CITY, Mo. (Legal Newsline) – A class certification request in a lawsuit against Dollar General over the labeling of motor oil was granted in part and denied in part in the U.S. District Court for the Western District of Missouri in the Western Division on March 21.
Several plaintiffs sued Dollar General Corp., Dolgencorp. LLC, DG Retail LLC and Dollar General with allegations that they use deceptive labels with their DG Auto brand motor oil. They allege that if not for the defendants' "deceptive labeling and product placement practices, consumers would not have knowingly purchased obsolete motor oil," the ruling states.
They requested the court green-light their suit and certify a class, but the federal court didn’t wholeheartedly agree. The firm Humphrey Farrington & McClain will represent the classes, among others.
U.S. District Judge Gary A. Fenner
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U.S. District Judge Gary A. Fenner ruled that while the plaintiffs met the requirements for Rule 23(a) and Rule 23(b)(3) as they relate to the 16 statewide unjust enrichment classes and 16 consumer practices classes, he added that the plaintiffs still came up short on others.
“Plaintiffs have failed too demonstrate that common issues of fact or law predominate over individual issues for the proposed nationwide unjust enrichment class, the multistate implied warranties class, and the statewide implied warranties classes,” Fenner ruled.
Considering this, the court granted the motion in part and denied in part.