Rogers v. QuikTrip Corp.

Summary

The Oklahoma Supreme Court reviewed a certified interlocutory order in a putative class action alleging that fuel sellers failed to disclose ethanol content in gasoline. The court held that jurisdiction belonged in the district court rather than the Oklahoma Corporation Commission because the claims concerned private rights and sought damages. It further held that 17 O.S. Supp. 2003 § 620 relieved sellers of any duty to disclose fuel additives before 52 O.S. Supp. 2008 § 347 became effective, requiring dismissal of the plaintiffs’ claims based on that alleged duty.

Holdings

1. The district court, not the Oklahoma Corporation Commission, had jurisdiction because the claims involved private rights, duties, and alleged liability between private parties, and the Commission lacked authority to award damages.
2. Before July 1, 2008, 17 O.S. Supp. 2003 § 620 controlled and relieved retail motor-fuel sellers of any duty to post information concerning fuel additives. Consequently, plaintiffs could not state claims based on an alleged duty to disclose ethanol content for breach of contract, breach of express or implied warranties, or violation of the Oklahoma Consumer Protection Act.

Questions Presented

1. Whether the Oklahoma Corporation Commission had exclusive jurisdiction over plaintiffs' claims concerning defendants' alleged failure to disclose ethanol content in gasoline.
2. Whether Oklahoma law imposed a duty, before July 1, 2008, requiring retail motor-fuel sellers to disclose the presence or amount of ethanol in gasoline.

Disposition

reversed_and_remanded