McCulley McCluer PLLC

Supreme Court Denies Certiorari in Propane Direct Purchaser Antitrust Class ActionJanuary 8 2018

McCulley McCluer PLLC and its co-counsel represent a class of direct purchasers against Defendants Blue Rhino and AmeriGas in In re: Pre-Filled Propane Tank Antitrust Litigation, MDL No. 2567, pending in the Western District of Missouri before the Hon. Gary A. Fenner.  Along with its co-counsel, Susman Godfrey, McCulley McCluer represents lead plaintiff Morgan Larson LLC.  The case alleges that Defendants conspired to allocate customers and markets and reduce the amount of propane they put in their tanks and thereby raise the per-pound price of propane in violation of federal law.  

The District Court initially dismissed the case as time barred.  On rehearing, the Eighth Circuit sitting en banc reinstated the case and found that each new sale to the plaintiffs in a price-fixing conspiracy constitutes an overt act that restarts the statute of limitations.  

Significantly, the Court found that "Plaintiffs plead facts showing defendants acted collusively, pursuant to a collective interest to reduce the amount of propane in each tank sold, while maintaining the price."

On January 8, 2018, the Supreme Court of the United States denied defendants' petition for certioarari.  The case will now proceed in the district court.