OOIDA/C.R. England Battle Continues, Association Scores Win Against Comerica Bank
April 09, 2013
A 10-year battle between the Owner Operator Independent Drivers Association and the fleet C.R. England shows no signs of letting up, but the group has won a decision in a separate case that’s 15 years old.
The association’s website, LandlineMag.com, reports that C.R. England is appealing a $1.3 million judgment in Utah last month. It says the move will delay distributing money to members in this class action of 6,000 people, though only about a sixth are eligible for a monetary award.
In response OOIDA has filed a cross-appeal that it says if granted could raise the award.
Any decision, like movement in the case that was first filed in 2002, won’t be fast coming, with it expected to take as much as a year and a half.
OOIDA originally claimed C.R. England violated federal truth-in-leasing regulations with its owner-operators. Earlier decisions in the case found for OOIDA.
Meantime, an amended judgment has been handed down by a federal court in Ohio in OOIDA’s case against Comerica Bank to include more than $2.6 million in prejudgment interest, adding to a previous ruling amount.
The group originally filed on behalf of about 1,600 drivers leased to Arctic Express out of Hilliard, Ohio, more than 15 years ago. In 2004, the court agreed with OOIDA that Arctic Express had violated truth-in-leasing laws and illegally held on to funds in trucker’s escrow accounts after leaving the company.
Later during bankruptcy proceedings filed by Arctic, OOIDA says it became aware that Comerica Bank was using the escrow funds to pay Arctic’s outstanding loans. OOIDA then took action against Comerica. The latest amendment means a total judgment of more than $8.2 million.
The court noted that Comerica had use of the money for eight years beyond the date that the judgment against Arctic had been entered and that some drivers had been waiting for more than 15 years for the return of their money.
Comerica could appeal the judge’s ruling.
June 17, 2002 -- OOIDA Files Two More Leasing Lawsuits