If you paid a Fuel Surcharge on bulk or cylinder gas purchases from Airgas USA, LLC, you could get a payment from a class action settlement.
May 1, 2021 — Claim Form Deadline
February 5, 2021 — Exclusion Deadline
February 5, 2021 — Objection Deadline
February 15, 2021 at 12:30 p.m. — Fairness Hearing
- Plaintiffs in seven separate lawsuits filed in five different states (the “Litigation”) have sued Airgas USA, LLC (“Airgas”) alleging that it implemented “Fuel Surcharges” (as defined in the Settlement Agreement) inconsistently with the terms of its agreements(s) and/or in excess of Airgas’s fuel costs. Airgas denies these allegations. All these plaintiffs and lawsuits have been consolidated into this action for purposes of settlement
- The Court has allowed this action to proceed as a class action on behalf of all customers with a written and fully executed Cylinder Product Sales Agreement (as defined in the Settlement Agreement) with Airgas and paid a Fuel Surcharge to Airgas during the Class Period, all customers with a written and fully executed Bulk Product Sales Agreement (as defined in the Settlement Agreement) with Airgas and paid a Fuel Surcharge to Airgas during the Class Period, and all other customers without a fully executed written agreement with Airgas who paid a Fuel Surcharge to Airgas for purchases during the Class Period. The Class Period includes January 1, 2014 through December 20, 2020.
- This settlement was reached after years of litigation, significant discovery, and multiple mediation sessions, including a mediation overseen by the Honorable Edward A. Infante (Ret.), former Judge of the U.S. District Court, Central District of California. The litigation included the review of hundreds of thousands of documents. Seven separate law firms have pursued cases in five different states for the Plaintiffs.
- Your legal rights are affected whether you act or not. The deadlines to exercise these rights are explained in the notice. Read carefully:
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:|
SUBMIT A CLAIM FORM RECEIVED BY THE ADMINISTRATOR NO LATER THAN May 1, 2021
|This is the only way to be potentially eligible to receive a payment from the Settlement Fund. If you are a member of the Settlement Class and you remain in the Settlement Class, you will be bound by the Settlement as approved by the Court and you will give up any Released Claims (defined below) that you have against Airgas.|
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION THAT IS RECEIVED NO LATER THAN February 1, 2021
|The only way to exclude yourself from the settlement (or “optout”) is to provide timely written notice. If you opt out, you will not receive the benefits of this settlement but this is the only option that allows you to ever be part of any other lawsuit against Airgas about the legal claims in this case.|
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN February 1, 2021.
|If you do not like the proposed Settlement, or any termstherein, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, or any terms therein, unless you are a member of the Settlement Class and do not exclude yourself from the Settlement Class.|
|If you are a member of the Settlement Class and you do not submit a valid Claim Form, you will not be eligible to receive any payment from the Settlement Fund. You will, however, remain a member of the Settlement Class, which means that you will give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Litigation.|