"Informational Benefit" Alone Can Provide Sufficient Benefit to Class
By Brendon Ishikawa
The Tenth Circuit recently affirmed a class-action settlement in In Re Motor Fuel Temperature Sales Practices litigation, in which ten major gasoline retailers agreed to fund the installation of gas pumps whose accuracy is unaffected by temperature changes. Compensation for class counsel was also affirmed, even though gasoline consumers might end up paying extra with the more accurate pumps. The Tenth Circuit held that the "potential information benefit" to consumers of accurate "fuel measurement for their fuel dollar" provided sufficient benefit to the class to render the settlement fair, reasonable, and adequate.