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Quotes & Info
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| FGP > SEC Filings for FGP > Form 8-K on 15-Jun-2009 | All Recent SEC Filings |
15-Jun-2009
Other Events
Ferrellgas Partners, L.P., Ferrellgas, L.P. and Ferrellgas, Inc. have been named as defendants in a consumer class action lawsuit filed in federal district court in San Francisco on June 4, 2009. The suit is brought by several named plaintiffs on behalf of themselves and a putative nationwide class defined as consisting of "[a]ll purchasers of liquefied propane gas cylinders marketed or sold [under the Blue Rhino tradename] nationwide from January 1, 2008." The complaint alleges claims for purported unlawful and deceptive practices allegedly involving price disclosures related to the Blue Rhino branded propane tank exchange activities. This complaint also alleges claims for (i) violations of consumer protection statutes of thirty-seven states and the District of Columbia, and seeks damages, restitution, disgorgement, injunctive relief, costs and attorneys fees on that claim, and (ii) unjust enrichment of the defendants, and seeks restitution on that claim. The complaint also seeks statutory, punitive or treble damages and pre-judgment and post-judgment interest on all claims. Those same defendants were also named in a consumer class action lawsuit filed in federal district court in Kansas City, Kansas on June 11, 2009, alleging substantially similar claims.
In addition, Blue Rhino Corporation (an entity acquired by Ferrellgas Partners but no longer existing) has been named as a defendant in a consumer class action lawsuit filed in the Superior Court of the State of California on May 27, 2009. This suit is brought by several named plaintiffs on behalf of themselves and a putative class defined as consisting of all "Blue Rhino propane consumers in the State of California during the four (4) years prior to the filing of this complaint who have exchanged a 5 gallon refill tank of propane and were provided only a partial refill." This complaint also alleges claims for purported unlawful and deceptive practices allegedly involving price disclosures related to the Blue Rhino branded propane tank exchange activities. This complaint alleges claims for (i) violation of California's Consumer Legal Remedies Act and (ii) violation of Business and Professions Code section 17200. The California plaintiffs seek damages, restitution, injunctive relief, interest, costs, attorneys fees and other appropriate relief.
We believe that there may be additional federal or state lawsuits filed alleging substantially similar claims against these defendants as other law firms actively solicit plaintiffs.
Based on our business and consumer notification practices at our Blue Rhino tank exchange facilities, we believe that all of these claims are without merit and intend to defend the claims vigorously.
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