August 8, 2018
Connecticut Supreme Court Upholds Class Certification
for Suit Against Standard Petroleum
Standard Petroleum was dealt a legal blow by the Connecticut Supreme Court this week, which upheld a lower court ruling allowing class certification in a lawsuit alleging the company overcharged customers.
By Robert Storace | August 24, 2018 at 12:26 PM
Writing that a lower court did not abuse its discretion, the Connecticut Supreme Court let stand an order granting class certification for a lawsuit against Standard Petroleum for allegedly over-charging its customers.
In siding with Faugno Acquistion, now known as Woodway Texaco LLC, and Kennynick LLC against Standard Petroleum, the state Supreme Court rejected Standard Petroleum’s claim that Superior Court Judge Donna Heller performed only a cursory review of the claims and evidence before granting class certification.
Writing for the state’s high court, Justice Andrew McDonald said: “We conclude that the trial court’s analysis was sufficiently rigorous, and that its conclusion that the predominance requirement was met was not an abuse of discretion.”The court issued its unanimous, 25-page ruling Thursday.
At issue are claims that Standard Petroleum did not apply the federal volumetric ethanol excise tax credit before charging its customers, and continued to charge its customers the full federal tax of 18.4 cents per gallon. The tax credit, effective as of January 2005, reduced the tax on motor fuels that contain 10 percent alcohol from 18.4 cents to 13.3 cents per gallon. The tax later increased to 13.9 cents per gallon.
The plaintiffs allege breach of contract, misrepresentation, unjust enrichment, unfair trade practices and violations of the Petroleum Franchise Act. They also claim the Connecticut Unfair Trade Practice Act was violated when the company allegedly failed to apply a credit to the federal gasoline tax that it charged class members, and improperly charged class members the state gross receipts tax on purchases. The plaintiffs requested the court certify a class action. The plaintiffs are seeking monetary damages for past losses, punitive damages and injunctive relief prohibiting Standard Petroleum from conduct that would cause future losses.
McDonald also gave the court’s reasoning on the issue of whether there was a breach of peace on the part of Standard Petroleum. The company argued the burden of individualized proof of breach of peace was never met.
“With regard to the element of breach, we note that the plaintiffs contend that, because the defendant improperly charged federal and state tax fees to the class as a whole, this is a class-wide breach that can be established by common proof,” McDonald wrote, adding, “Whether the plaintiffs actually can prove this, or whether the defendant will successfully defend against the allegation, goes to the merits and extends beyond ensuring that the class certification requirements are met. We are not persuaded that the trial court abused its discretion in finding that the predominance requirement has been met for this count.”
Standard Petroleum was represented by Mary Bartholic and Thomas Witherington, both of whom were with Hartford-based Cohn Birnbuam Shea at the time of oral arguments. Witherington did not respond to a request for comment Friday. Bartholic recently left Cohn Birnbaum and could not be reached by press time.
John Morgan of Stamford-based Barr & Morgan represented the defendants. He did not respond to a request for comment.
August 8, 2018 –
Legislators could be cutting out Gasoline Convenience Stores from the addition of
Sports Betting to Lottery!
Connecticut is one of a handful of states with a new sports betting law on the books. In 2017, lawmakers passed a gaming package which called on regulators to establish the state’s industry pending a change in federal law. That change came in May. The US Supreme Court struck down the federal ban that prohibited states from regulating the activity. No longer bound by PASPA, each individual state is free to create its own sports betting industry.
After months of negotiations with potential entities to manage sports gambling, the Governor is close to asking the General Assembly to pass a law that would potentially choose who would manage sports betting.
GASDA working with CEMA has been in communication with the Connecticut Lottery Corporation who has made a pitch to administer sports betting at lottery terminals and online. It is rumored that the Indian tribes are also in the running to administer sports betting, and that they are asking for an exclusive that may cut c-store/lottery agents out of offering it.
We need you to send a communication to legislative leaders and your local elected officials opposing any deal that gives exclusive rights to offer sports betting without c-store/lottery agents.
To make this easy and uniform in nature please use this link to do so Today – YOUR LOTTERY FUTURE DEPENDS ON YOU RESPONDING!
CAR WASH – C-STORE WITH GAS FOR SALE OR LEASE-
Price to Buy Or Lease is below Current Market Sales!
Legislators to Investigate Electric Bill Over Charges on Your Bills-GASDA NOT WAITING!!
GASDA KNOWS THE ANSWERS IS OVERCHARING IS TAKING PLACE -WE HAVE PARTNERED WITH THE OSINOFF GROUP AND CREATED A PROGRAM THAT WILL REVIEW YOUR ELECTRIC BILLS TO DETERMINE IF YOU HAVE BEEN OVERCHARGED! THAT REVIEW IS AT ZERO COST TO YOU! IF YOU HAVE BEEN OVER CHARGED – OUR PROGRAM WILL ASSIST YOU IN GETTING YOUR REFUND AND HAS THE STAFF AND LEGAL TEAM TO GET YOUR MONEY BACK!
THE SAVINGS CAN BE ANYWHERE FROM 8% TO 30% AND OUR PROGRAM WILL LOOK BACK AT YOUR LAST 12-MONTHS OF BILLS TO DETERMINE IF YOU HAVE BEEN OVER CHARGED AT NO COST TO YOU!
THEY ALSO HAVE THE LEGAL TEAM IN PLACE TO GET YOUR REFUND PAID BACK TO YOU! THIS IS A ONE STOP PROGRAM AND WE ARE URGING ALL GASOLINE RETAILERS, BODY SHOPS, TOWING OPERATORS, CAR WASH OPERATORS AND REPAIR SHOPS TO TAKE ADVANTAGE OF THIS FREE SERVICE! YOU HAVE NOTHING TOO LOSE AND IT COSTS YOU NOTHING TO FIND OUT IF YOU HAVE BEEN OVERCHARGED.
IT DOES NOT MATTER WHO YOUR SUPPLIER IS!
CALL NOW 203-327-4773 OR EMAIL ME TO FIND OUT MORE email@example.com!
YOUR IMMEDIATE ATTENTION IS NEEDED!
CALL OR EMAIL THE OFFICE IF YOU HAVE ANY QUESTIONS!
Please look at the attached notice that dealers in New Jersey and New York are getting from a law firm threatening to sue dealers for over $100,000 in potential damages. The dealers and their Associations are taking this action very serious and as such so should each and every retailer in Connecticut. There may be other law firms that will jump on this as well and if you receive ANY NOTICE FOR ANY LAW FIRM about items you may or may NOT be selling in your stores, we are asking they you let us know and copy us as well as seeking legal counsel.
We suggest, that you contact John Morgan 203-356-1595 who knows about the issue and we are going to be working with New York and New Jersey to stay up to date on this matter and if needed forming a group to keep legal expenses from this type of litigation from bankrupting your business.
At this time, we are NOT SURE even if you have insurance for these types of claims, if it would cover you since they are claiming the sales are illegal under Federal Law. THIS IS VERY SERIOUS and why we are reaching out to you. The claims for damages below if found to be turn can run into the millions of dollars! As you can see by the below they are not fooling around – they are dead serious!
Your Profits of the Sale of the Product going back 4-years 15 U.S.C. § 1117
Attorney’s Fees 18 U.S.C. § 1964
Punitive Damages 15 U.S.C. § 1117
Triple Damages 18 U.S.C. § 1964 & 15 U.S.C. § 1117
Michael J. Fox
DEEP GETTING SERIOUS ON RECYCLING FINES TO OUR INDUSTRY!
Right click on the image above to open! It should open in a seperate link!
WE HAVE BEEN WORKING WITH DEEP BUT THEY ARE GETTING SERIOUS ABOUT FINES AS WITH THE BUDGET DEFICET – THEY WANT REVENUE – PLEASE SEE BELOW AND CALL OR EMAIL THE OFFICE IF YOU HAVE ANY QUESTIONS!
I wanted to reach out to you to let you know that DEEP’s Recycling Enforcement Initiative (REI) will be focusing on the gas station / mini mart sector in the upcoming year. Prior to actually citing any businesses for non-compliance with state recycling laws, we’d like to collaborate with your organization to provide some outreach and refresh your members on their obligations.
While it’s been 6+ years since we were last in communication on this issue, it appears that non-compliance with recycling requirements is still the norm – at least at the gas stations that I use. I very seldom see any recycling receptacles located either within the mini marts between the islands at the gas pumps. And if a service station does have some sort of bin/dumpster for recyclables in the back of their building, it is often marked for cardboard only.
When haulers enter into contracts to provide trash collection services for their customers, they are also required by law to make provisions for collection of recyclables as well. In this case, “make provisions” means to either offer and provide that service themselves, or to verify that the customer has another contract in place (with a different service provider) for the collection of recyclables. Please be aware that haulers (and processors) are not allowed to collect everything (trash + recyclables) in one dumpster and then “sort it all out” somewhere else.
Please let me know what outreach opportunities might be available from your organization!
Supervising Environmental Analyst
Sustainable Materials Management Planning & Implementation
CT Department of Energy & Environmental Protection (DEEP)
79 Elm Street
Hartford, CT 06106
UNBRANDED RETAILERS-YOUR PAYING WAY TO MUCH FOR CREDIT CARD PROCESSING!
GASDA has a NEW #1 Recommended Credit Card Processing Vendor
that will SAVE YOU MONEY AND TO CHECK IT OUT IS ALL FREE!
YOU HAVE NOTHING TO LOSE BUT THE SAVINGS YOUR MISSING OUT ON!
CoCard has a Brand New Program for unbranded Service Stations, Repair Shops and Towing Operators that will save you money over your current credit card processor.
GASDA is Pleased to Announce NB Environmental Services as Another New Recommended Vendor for all your Environmental Needs!
ATTENTION ALL RETAILERS: A Brand New GASDA Bank Lender to Handle All Your Financing Needs
THE STATE OF CONNECTICUT IS PROPOSING ELIMINATING GASOLINE & DIESEL FUEL IN FAVOR OF ELECTRIC VEHCILES!
YOUR FUTURE IS UNDER SERIOUS ATTACH!
YOU HAVE EVERYTHING TO LOSE BUT YOU CAN STOP THIS!
SEE BELOW THE 226-PAGE REPORT AND CALL THE OFFICE 203-327-4773 OR EMAIL MIKE@GASDA.ORG TO FIND OUT WHAT YOU CAN DO!
Your paying to much If you have not checked this New Insurance Program Out!
GoodWorks Insurance, GASDA’s #1 recommended insurance vendor regularly saves clients 20% or more over direct writers and others and as always all quotes are FREE
so what do you have to lose expect paying to much!!
Again, this service is provided at NO COST to you!
ATTENTION All Gas Retailers
New Law Goes Into Effect January 1, 2017!
Minimum Wage Increase
Something that will directly affect residents is the increase in the minimum wage to $10.10 an hour from the current $9.60. Some state lawmakers are pushing for the minimum wage to go up to $15 an hour in the coming years.
Ban the Box
Employers will no longer be legally allowed to ask prospective employees about prior arrests, criminal charges or convictions in an initial employment application unless required to do so under state or federal law or if the employer must obtain a security or fidelity bond.
Another part of the act will establish a task force to study issues of employment opportunities for people with criminal histories.
The movement is commonly called “ban the box,” which refers to the check mark box on job applications that asks about prior convictions and arrests.
New State of Connecticut Requirements for a Permit
to sell Vapor Cigarettes & Products! March 1, 2016 Deadline!
ATTENTION ALL GAS RETAILERS
Major Issue Regarding Underground Tank Insurance
What a Retailer needs to Know about EMV Credit Card Compliance – What You Need To Know!
Video of Executive Director Michael J. Fox on how can $6.00 Retail Gasoline Prices Happen As He Testified at Congressional Hearings on High Gasoline Prices
Here you will find the most current stories relating to our Industry and how it effects the consumer. By educating consumers to the truth, we can stop all the “spin” by both Big Oil and some politicians! GASDA will provide you with verifiable facts for you to decide!
Where you will find the most current stories relating to our Industry and how it could impact you and your business. GASDA will do the work for you and search for all stories and post them here. We search hundreds of State, Federal and local sites for the most up to date information!
As we continue to work on both Legislation on a State & Federal level here will be actual bills with changes as they happen. Once a change is posted to a bill or a bill is introduced GASDA will post it here for your review 24-hours per day, 7-days per week!
Click on View below and then on the Bill Number for all info on that bill including current status and amendments!