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Home > News > News Archive 2009 > EMH Obtains Dismissal of Nationwide Class Action Lawsuit Against Valero LOS ANGELES (September 30, 2009) — A federal judge in Los Angeles has dismissed a nationwide consumer class action lawsuit filed against a number of leading energy companies, including firm client Valero California Retail Company. The Plaintiffs, consumers of gasoline, alleged that the defendants failed to deliver 100 percent of the fuel at the octane rating advertised when Plaintiffs purchased fuel at a higher octane rating than the previous customer at a single-nozzle pump. United States District Court Judge George H. King granted the Defendants’ Motion to Dismiss the Second Amended Complaint, finding that Plaintiffs’ claims were precluded by the combination of California laws and regulations that render Defendants’ conduct with respect to single-nozzle dispensers the only lawful means to deliver fuel. Judge King’s opinion can be found here.
EMH lawyers Andrew Edison and Jessica Wilson represented Valero in the lawsuit. Other defendants included Chevron USA, Inc., Exxon-Mobil Corporation, ConocoPhillips Company, BP Products North America Inc. and Equilon Enterprises, LLC.
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