Burgess, et al. v. Martin Operating Partnership, LP

Burgess, et al. v. Martin Operating Partnership, LP
Case Number 19CA-CC00084
Cass County Circuit Court
State of Missouri


A settlement has been reached in a class action lawsuit that alleges the following “303 Tractor Hydraulic Fluid Products”—Martin 303 Tractor Hydraulic & Transmission Fluid and Orscheln Premium 303 Tractor Hydraulic & Transmission Fluid—did not meet the equipment manufacturer specifications stated on the label.  The Defendant denies it did anything wrong and states further that the labels were truthful and adequate.  The Court has not decided who is right.  Instead, the parties agreed to a proposed settlement to avoid the expense and risks of continuing the lawsuit.

You are Settlement Class Member if you have purchased, not for resale, one of the following products sold in Missouri during the stated Class Period:



Start Class Period

End Class Period

Martin  303

5 gal.

April 5, 2014


Orscheln 303

5 gal.

May 23, 2013

September 2, 2014

The settlement establishes a $450,000.00 “Class Settlement Fund” that will be paid to Settlement Class Members as:  (1) cash awards of an estimated return of 25% of the purchase price paid for the 303 Tractor Hydraulic Fluid Products and (2) reimbursement for the costs of any repairs, parts, and specific equipment damage that a Settlement Class Member claims resulted from, in whole or in part, the use of the 303 Tractor Hydraulic Fluid Products during the Class Period

You may need to submit a Claim Form to receive your award, which can be obtained in the Notice/Claim section of this website.  The deadline to submit a Claim Form is February 8, 2021. 

Class Counsel will seek an incentive payment of $5,000.00 for each of the Class Representatives.  Class Counsel will ask that the Court award up to $150,000.00 in attorneys’ fees and expenses.  These amounts will not be paid from the Class Settlement Fund.

If you do not want to be legally bound by the Settlement, you must exclude yourself from it by February 8, 2021.  If you do not exclude yourself, you will not be able to sue Defendant or any Released Party or Retailer for any claim relating to the lawsuit.

If you remain a Settlement Class Member, you may object to the settlement by February 8, 2021.  The Court will hold a hearing on March 23, 2021 to consider whether to approve the Settlement and a request for attorneys’ fees and expenses.  This date may be moved, canceled, or otherwise modified so check this website for any changes.

For additional information, including the precise terms and conditions of the Settlement, please view the Court Documents page of this website or the Notice/Claim page to review the Long Form Notice.  

If you have questions or would like assistance in completing the Claim Form, contact Class Counsel at 816-595-7723 or at 303claimassistant3@gmail.com