Contents
At oral argument, plaintiffs’ counsel essentially conceded that the plaintiffs lack any factual allegations of a live, ongoing conspiracy during the limitations period. In response to a question asking whether there have been any overt acts to maintain the conspiracy during the limitations period, counsel could only identify paragraph 92 of the complaint. But paragraph 92 simply makes naked assertions —devoid of factual enhancements—that the defendants “regularly communicated” and “monitored the market” to ensure compliance. Pressed further about whether plaintiffs had alleged an ongoing price-fixing conspiracy, plaintiffs’ counsel directed the court to paragraph 111—a mere recitation of the elements of the cause of action.
I’ve got to give Blue Rhino kudos for honesty. At least they are up front with admitting that under-filling is a cost-saving measure. On the other hand, AmeriGas gives you 80% capacity, compared to Blue Rhino’s 75%. To ensure our consumers are properly notified, Blue Rhino clearly marks the amount of propane contained in our tanks, right on the package. A store employee will escort you back to the display and provide you with a fresh, ready-to-grill tank.
Inflationary pressures, including the volatile costs of steel, diesel fuel, and propane, have had a significant impact on the cylinder exchange industry. In 2008, to help control these rising costs, Blue Rhino followed the example of other consumer products companies with a product content change. We reduced the amount of propane in our tanks from 17 pounds to 15 pounds. The first cases against the propane companies were filed in 2009, consolidated into an MDL and then settled between 2010 and 2012.
Daily COVID-19 Complaint Data
Finally, if you are dissatisfied with a Blue Rhino tank, please return it to the store for a refund or replacement. I had posted this information on the Appliances forum in a thread about gas grills. Thought I would post it here as well for reference. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. When autocomplete results are available use up and down arrows to review and enter to select. Touch device users, explore by touch or with swipe gestures.
ALWAYS transport and store a cylinder in a secure and upright position so it will not fall, shift, or roll. AmeriGas is the largest propane supplier in the nation, and we partner with top retailers in your neighborhood to make getting propane easy. MLM is just the latest to have its advertising claims referred to the FTC. You did not purchase the tank for the purpose of reselling them to consumers. Our IP team combines top-notch technical and legal knowledge.
Find the resources you need to understand how consumer protection law impacts your business. Find legal resources and guidance to understand your business responsibilities and comply with the law. Nothing like hitting up the swapper place and hearing that they are out. Defendants argue Klehr does not apply because it is a RICO case, and the quoted language is dicta. I am not sure how road tax is calculated on bi-fuel vehicles, or those that warm up on gasoline and switch to propane automatically. Perhaps gasoline road tax is refunded altogether when propane purchase volume correlates with mileage driven.
Paynter Law is accepting claims on a limited basis. If you’re injured by a lithium-ion battery explosion or fire, rely on a law firm with specialized experience for help. Our legal team is experienced, professional, and ready to help. When faced with resistance from Wal-Mart, the two companies secretly agreed to coordinate their negotiations, pressuring the retailer to accept the whats a devops engineer reduced fill level. Blue Rhino accepts any brand of tank, so all you have to do is drop your empty tank beside the display, have a store employee swap your tank for a full one or two, and enjoy the rest of your day. Specifically, the judge determined the indirect purchasers had not shown that all end consumers across the more than a dozen proposed Classes had been overcharged.
Will AmeriGas take Blue Rhino?
In the past year I have had two Amerigas tanks with valve problems. One was very difficult to open and close; the other, once opened it would not shut off. Simple solution – don’t prepay when you get your tanks filled. Pay for what they put in, which will never be 20 lbs.
Unlike a conspiracy or the maintaining of a monopoly, a merger is a discrete act, not an ongoing scheme. Large metro area 2nd most expensive in the Country , just had 4 20lbs refill , operator bled the tanks and fill them to the max my cost w taxes $65 . All the exchange places from $27 to $21.99 minimum saving $22 maximum saving $43 nice piece of change …. Among the Company they allegedly cheated is wall Mart , now that’s hilarious . However Customer can always hire a lawyer and sue Wall Mart they will win .
How To Buy, Exchange, Or Dispose Of Your Propane Tank
Water is 7.5 llbs per gallon not 10 lbs per gallon. That makes propane .56 times as dens as water, not .43 times as dense. Your multiplying factor should .56 instead of the incorrect .42.
If it weighs pounds then you know they only put in 15 lbs of propane. The trained staff at every location dispensing AmeriGas propane can help you with purging and filling your propane cylinder to enhance your one stop shopping experience. Over 6,000 AmeriGas Cylinder Refill Locations nationwide are happy to welcome you to fill your grill cylinder. The 80 % safety factor is built in., the tanks are actually 25-pound tanks that can only be filled to 20 pounds. I know this is an old thread but I need to correct some false information.
- If you have gas installed at your house already, you can have your gas company run an outlet to your barbecue and be free of the extra cost and many headaches of 20 lb cylinders forever.
- Under the Sherman Act,per seillegal agreements are not strictly limited to agreements on price.
- We take pride in the fact that we only post 100% real free samples!
- Be sure to retain the rest of the package, as it provides valuable safety information.
Those class members also have the same common issues of allegedly inflated prices to justify certification and settlement, the judge said, along with the required “typicality” of higher prices, with the same issues predominating. Whether you choose to refill or exchange your propane tank, propane is the best way to keep your summer cooking. Propane is an affordable, easy to use, and efficient fuel that excels in backyard barbecues. Propane provides immediate heat and precise temperature control, which gives you the flexibility to prepare a variety of dishes that would be challenging with other outdoor heat sources. Exchanged propane tanks are regularly inspected, so you’ll know that the tank you pick up has a lot of life left and has been checked for any issues. Exchanging your propane tank at a Blue Rhino partner is quick and easy and can be done any time of the day.
So, out of curiosity, I Googled the question and read the article above. After filling, they weighed almost exatly thirty-eight pounds. Doing the math, we got twenty pounds of gas in each tank, and the price is $0.68 per pound. Not a bad deal at the supplier she found, and much less trouble than going to the nearest Costco.
How many times can a propane tank be recertified?
Their guy just takes care of it and the tanks don’t end up in the landfill. FYI – you can take ANY old 20#er to one of those exchanger rack places and, as long as you pay cash, there would be no way to figure out who stuck them with a tank needing a refit or rectification. – I use the side burner just boil water, in the summer, so I don’t overheat https://coinbreakingnews.info/ my kitchen. Don’t forget, you need to figure stuff like that into your AC calculations. A 20 lb tank is designed to hold 20 pounds of propane when filled to 80% according to the most basic training. OPDs were introduced because so many unqualified and/or negligent people were overfilling tanks, which can be very dangerous to say the least.
These guys also use outdated tanks I wish the state would check them but it appears they operate with impunity. Most of us retailers work hard and try to make a fair not indecent profit. It’s the exchangers who are really ripping off the public. Well here is something that I find disturbing that these exchange companies are using outdated tanks I recently purchased a refill tank that was dated 7/00.
See, e.g., Amended Complaint, at ¶¶13, 60, 92. Rather, they need only provide “sufficient factual information to provide the ‘grounds’ on which the claim rests, and to raise a right to relief above a speculative level.” Id., quoting Twombly, 550 U.S. at 555, 555 n.3. “onstru the complaint liberally in the light most favorable to” Plaintiffs, Eckert v. Titan Tire Corp., 514 F.3d 801, 806 (8th Cir. 2008), these allegations “plausibly give rise to an entitlement to relief.” Iqbal, 556 U.S. at 679. See Concord Boat Corp. v. Brunswick Corp., 207 F.3d 1039, 1052 (8th Cir. 2000) (recognizing that “each new sale by a Sherman Act price fixing defendant” is a “separate new overt act”). I filled big 100# tanks used by welders and tradesmen that were probably 30 years old and banged up but still worked fine.
- Exchanging your propane tank at a Blue Rhino partner is quick and easy and can be done any time of the day.
- The exchangers who are the big boys only fill to 15lbs its printed in small print on the plastic wrapper on the tank.
- After my first experience with LP, purchasing a 20# empty tank etc. …
- I also considered 30, 33, 40, 60, and 100 pound cylinders, to avoid refilling as often.
Just something to look for when you go get a tank. AFAIK, you can exchange them at either place – whichever is more convenient; i.e. you’re not going to be locked into a brand. It’s usually cheaper to just get them refilled if you have that available as an option nearby. Locally, I can get mine refilled at B.J.’s for either $9.99 or $10.99 (I can’t remember which it is), and I can get it refilled at a hardware store for about $14.
The district court dismissed Plaintiffs’ claims as barred by the statute of limitations. On appeal, a divided panel of this court affirmed. In re Pre-Filled Propane Tank Antitrust Litig., 834 F.3d 943 (8th Cir. 2016), as corrected (Aug. 25, 2016), reh’g en banc granted, opinion vacated (Dec. 29, 2016).
One other thing you should know about Blue Rino is that they don’t fill the tanks to their designed capacity. They clearly state on the label that the net weight is 17#, however these are 20# tanks and they can be safely filled to this capacity or very close to it. They will tell you that they can only fill to no more than 80% capacity and this is a true statement. At that same Shell station was one of the exchange tank systems, in this case, Blue Rhino. I have no objection to that company, but know that what Blue Rhino offer is convenience — not a great price on fuel.
Judge Posner has described dicta as “any statement made by a court for use in argument, illustration, analogy or suggestion. It is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the authority of adjudication.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988) . Because I believe the discussion of antitrust in Klehr falls under the category of dicta, I do not believe it deserves the lofty position of authority afforded to it by the majority’s opinion. But I will proceed in my analysis as if the language is binding authority on us. Some of these allegations are “naked assertion devoid of further factual enhancement,” Iqbal, 556 U.S. at 678 , that do not “raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555. Others, however, list relevant individuals, acts, and conversations, providing “factual content” to support “the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.