Plaintiffs Dismiss ‘Hot Fuel’ Cases

The plaintiffs in a set of 2006 cases against fuel retailers for selling “hot fuel” have dismissed the cases, the Kansas City Business Journal reported.

In 52 cases, the plaintiffs alleged that fuel sellers shortchanged them by selling diesel and gasoline that was warm. Fuel expands when it is warm, so the same volume has less energy in it.

Many defendants, such as Costco Wholesale Corp. and Wal-Mart Stores Inc. previously settled cases, agreeing to install devices to account for fuel-temperature changes if laws require it, according to the Business Journal. No such laws have been enacted.

“I can say these companies are looking forward to putting these lawsuits behind them and getting back to the job of selling high-quality, affordable gasoline to the American people,” Tristan Duncan, a Shook Hardy & Bacon LLP attorney who represented defendants, said in a statement.

The defendants included Costco, Wal-Mart, Pilot Travel Centers and Flying J Inc.