What Is Happening With the Peterson Oil Class Action?
04/26/2024
Regan Strom is proud to represent the Plaintiffs and certified class in the matter of Marandino, et al. v. Peterson’s Oil Service, Inc. The Plaintiffs allege that they and the rest of Peterson Oil Service, Inc.’s (“Peterson Oil”) customers were led to believe they were purchasing ordinary, industry-standard heating oil from Peterson Oil, but received something very different – fuel contaminated with large quantities of biodiesel. The Plaintiffs allege that the fuel Peterson oil actually delivered: (1) repeatedly shut down customers’ heating equipment, leaving customers without heat; (2) caused long term damage to customers’ heating equipment; (3) was less efficient and contained less heating content (BTUs) than standard heating oil, forcing customers to purchase more; and (4) was worth far less to customers than the product for which they paid.
On December 12, 2022, the Worcester County Superior Court certified the case as a class action thanks to 3.5 years of intensive litigation efforts by Regan Strom attorneys John Regan and Jeff Strom. The class certification decision means that the case will determine whether Peterson Oil’s biodiesel-laden fuel caused harm to all customers who received it. And, if Plaintiffs prevail, all Peterson Oil customers will recover for the harm they suffered.
At this point, the parties have mostly completed the discovery process (meaning they have exchanged documents, information, and expert reports). The parties are currently briefing summary judgment motions to determine which claims will go to trial. That process should be complete by Fall 2024, at which point Regan Strom will request the earliest possible trial date for the Class’s claims.
On April 8, 2024, the Business Litigation Session (“BLS”) of Suffolk County Superior Court preliminarily approved a partial settlement of the class claims in the certified class action. Peterson Oil customers who received deliveries between July 5, 2016 and July 5 2019 and/or current owners of properties that received deliveries in that timeframe should have received notices in the mail regarding the settlement. If you are such a customer and/or property owner, please carefully review the notice as your rights may be impacted. Please visit www.PetersonOilClassActionSettlement.com for more information about the settlement.
If you are a current or former Peterson Oil customer, please know that the case will not end even if the settlement is approved. Claims for purely economic damage and claims for property damage that occurred prior to July 5, 2016 or after July 5, 2019 are still being litigated. If you are a current or former Peterson Oil customer, you could still be eligible to receive funds from any future resolution of these claims whether it be at trial or in a settlement. You do not need to do anything to pursue these claims, however. The Court in this case has already certified that those claims are appropriate for resolution on a Class basis. Plaintiffs and Regan Strom will continue to vigorously prosecute those claims on your and the Class’s behalf.
If you are a current or former Peterson Oil customer and experienced unusual or frequent shutdowns, were forced to prematurely replace your heating equipment, and/or used more fuel than expected, you may have suffered damage because of Peterson Oil’s biodiesel blending practices. Please contact Regan Strom today for more information about the case and your potential claims.
Additional Information:
“$5.6m settlement proposed for consumers in home heating oil suit against Peterson Oil,” Boston Globe
Read more about the Peterson Oil Class Action Lawsuit Settlement in the Telegram & Gazette.
