Litigation

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October 10, 2014

Cat Slapped with Another Class Action Suit for ACERT Defects

Twenty-two motor carriers in 18 states suffered “significant damages” from operational losses, diminished vehicle value, and costs incurred in replacing the Cat engines with other EPA 2007 emission-legal diesels, the suit says.

October 7, 2014

Kansas Court Rules FedEx Drivers Are Employees

The Kansas Supreme Court has ruled that a group of about 500 drivers working for FedEx Ground had been misclassified as independent contractors instead of employees.

October 1, 2014

Tracy Morgan Fires Back at Walmart

Comedian Tracy Morgan has responded to official statements made by Walmart in the lawsuit for the June 6th accident involving the comedian and a Walmart truck.

September 30, 2014

Walmart Blames Tracy Morgan for Failing to Wear Seat Belt

In a response to a lawsuit against Walmart related to an accident involving comedian Tracy Morgan and a Walmart tractor trailer, Walmart stated that Morgan and the other passengers involved in the crash disregarded their own safety by choosing not to wearing seat belts.

September 9, 2014

Lawsuit Against New York Truck Taxes Given Class Action Status

The case was filed nearly a year ago by the Owner-Operator Independent Drivers Association and four of its members against the New York State Department of Taxation and Finance.

September 9, 2014

Hub Converting California O-Os to Company Drivers Following Lawsuits

UPDATED -- Due to litigation and upcoming settlements, one trucking operation is abandoning its owner-operator business model in California.

September 4, 2014

Covenant Hit With Huge Judgement

Trucking holding company Covenant Transportation Group announced this week it was hit with a sizeable judgement regarding a 2008 cargo claim while it is raising driver pay for one one of its operations.

September 3, 2014

Big Judgement Against Carrier Over Deadly 2011 Nevada Train Crash

A jury decided a civil case on Friday that pitted the nation’s passenger rail service against one trucking company, with the fleet having to pay more than $4.5 million in damages, according to Courthouse News Service.

August 28, 2014

Attorneys: Don't Restructure Yet Based on Graves Amendment Case

Although a recent court decision appears to strike a blow to fleet corporate structures where a separate company owns the equipment and leases it to the motor carrier or driver/owner-operators, one trucking-specialist attorney's firm says don't start restructuring just yet.

August 27, 2014

FedEx Drivers Are Employees Not Contractors, Court Rules

The U.S. Ninth Circuit Court of Appeals on Wednesday ruled two classes of individuals working for FedEx Ground in California and Oregon were misclassified as independent contractors instead of employees.

August 25, 2014

Judge Rules Vicarious Liability Applies in Lawsuit Against Carrier

What one media outlet calls a “landmark decision” by a federal court pushes aside a nearly decade-long federal protection for vehicle leasing companies. It's expected to affect trucking companies whose owner-operators are involved in accidents when certain leasing arrangements are used.

August 18, 2014

Judge Rules Against Prime’s Same-Sex Driver Training Program

A federal court last week issued a ruling against the trucking company Prime Inc. and its same-sex training program for newly hired truck drivers.

August 15, 2014

Q&A: Bill Chamblee, Trucking Defense Attorney

Earlier this year, attorney Bill Chamblee successfully defended FFE Transportation in a $3.5 million lawsuit after an accident between a company truck and a police car. We spoke with him about trends he's seeing in the realm of legal issues affecting motor carriers.

August 4, 2014

Pilot Flying J Lawsuits Ordered to Mediation

A federal judge has ordered mediation for a half-dozen lawsuits by trucking companies remaining against the truckstop chain Pilot Flying J.

July 30, 2014

California Supreme Court Rules Against Carrier in Misclassification Lawsuit

The California Supreme Court issued a decision this week affirming the state’s labor and unemployment compensation laws are not preempted by federal statute, specifically the Federal Aviation Administration Authorization Act of 1994.

July 25, 2014

Judge Approves $3 Million Settlement in OOIDA, C.R. England Case

A federal judge, ending more than a decade of litigation, has approved a legal settlement between the Owner-Operator Independent Drivers Association and the trucking company C.R. England.

July 23, 2014

OOIDA Praising Truckers’ Lawsuit Over Driver Safety Records

Six members of the Owner-Operator Independent Drivers Association filed a class-action suit against the Federal Motor Carrier Safety Administration last week under the Federal Privacy Act charging that the agency is unlawfully disseminating reports of driver safety records to potential employers.

July 21, 2014

Truckers Sue FMCSA Over Motor Carrier Management Information System

A group of truck drivers has filed a federal lawsuit against the Federal Motor Carrier Safety Administration over records the agency keeps on carriers and drivers.

July 21, 2014

Volvo Ordered to Pay EPA Penalties Over Non-Trucking Engines

Volvo Group, the parent of Volvo Trucks North America, has been ordered to pay penalties and interest of approximately $74.1 million to the U.S. Environmental Protection Agency regarding emission compliance of the company’s marine diesel engines.

July 21, 2014

At Least 15 Lawsuits vs. Cat on ACERT Diesels Include Trucks, Buses

Multiple lawsuits against Caterpillar for chronic failures of its 2007-2010 ACERT diesels go beyond heavy trucks, and include school buses and motor coaches as well as at least one marine engine, according to news reports, while a wide variety of problems have been chronicled in discussion groups on the Internet.

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