Larson v. Ferrellgas Partners

Plaintiffs appealed the district court's dismissal of their claims for damages in their action against Ferrellgas and AmeriGas under Section 1 of the Sherman Act, 15 U.S.C. 1. Plaintiffs alleged that defendants acted in concert to reduce the amount of propane contained within pre-filled propane tanks while maintaining the same price per tank, and thus artificially increasing the price of the tanks. Here, plaintiffs allege that reduction in fill levels, and thus the effective price increase, occurred in 2008, almost immediately after defendants reached the unlawful agreement. Plaintiffs have not alleged any overt acts within the four year limitations period that were new and independent acts, uncontrolled by the initial agreement. Therefore, the court concluded that plaintiffs' claims are time-barred and the court's conclusion reflects the objectives of Congress in encouraging timely lawsuits for the public good. The court affirmed the judgment. View "Larson v. Ferrellgas Partners" on Justia Law