The transferee judge, the Honorable Gary Fenner, presiding over the In re: Dollar General Corp. Motor Oil Marketing and Sales Practices Litig., MDL No. 2709 (W.D. Mo.) issued a 55-page opinion largely denying Dollar General’s Rule 12 Motion to Dismiss and Motion to Strike the consolidated amended complaint.
MDL No. 2709 consists of twenty consumer class action filed against Dollar General for its deceptive, misleading and unlawful marketing and sale of obsolete motor oil. The consolidated amended complaint seeks certification of a nationwide class for breach of implied warranty and unjust enrichment and state-wide classes for violation of state consumer protection statutes, breach of implied warranties and unjust enrichment. The Court’s order cleared the way for the Plaintiffs to proceed on all of their claims, with the exception of one Plaintiff whose implied warranty claim was denied on a procedural matter. Click here for more.