Office of the Attorney General
Attorney General Stumbo Announces Federal Judge Dismisses Marathon Complaint to Block Price Gouging Lawsuit
Attorney General Greg Stumbo announced that late yesterday the United States District Court dismissed Marathon Petroleum and Speedway SuperAmerica’s lawsuit seeking to block his gas price gouging suit.
The Opinion and Order, entered yesterday by District Judge Karen Caldwell, notes that the Attorney General had already filed his price gouging lawsuit in state court prior to Marathon’s federal suit and that Marathon must defend the state action in Franklin Circuit Court. Marathon had also sought to have the Franklin Circuit Court lawsuit moved to federal court. Judge Caldwell rejected that request in early October, ruling that the federal court did not have jurisdiction to hear that suit.
“I am pleased that the federal court has cleared the way for this lawsuit to protect Kentucky consumers,” said Stumbo.
Attorney General Stumbo’s suit charges that Marathon and Speedway SuperAmerica violated Kentucky’s price gouging law and the Consumer Protection Act during the state of emergency following Hurricanes Katrina and Rita in 2005. Kentucky is the first state in the nation to file suit protecting its citizens against price gouging by a major oil company.
Click here for a copy of the United States District Court’s Opinion and Order.