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Litigation

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September 9, 2014 - Industry News

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.

Tags: New York, Taxes, OOIDA, Litigation

September 9, 2014 - Industry News

Hub Converting California O-Os to Company Drivers Following Lawsuits

Photo: Evan Lockridge

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

Tags: Drivers, California, Intermodal, Fleets, Ports, Owner-Operators, Litigation, Hub Group

September 4, 2014 - Industry News

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.

Tags: Covenant Transport, Fleets, Litigation, Driver Pay

September 3, 2014 - Industry News

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.

Tags: Accidents, Drivers, NTSB, Nevada, Railroads, Safety & Compliance, Litigation

August 27, 2014 - Industry News

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.

Tags: Litigation, Independent Contractors, FedEx

August 25, 2014 - Industry News

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.

Tags: Accidents, Liability, Drivers, New York, Litigation, Leasing, Owner-Operators

August 18, 2014 - Industry News

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.

Tags: Drivers, Fleets, Prime Inc., Litigation, EEOC

August 4, 2014 - Industry News

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.

Tags: Diesel Prices, Crime & Fraud, Pilot Flying J, Litigation

July 30, 2014 - Industry News

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.

Tags: Drivers, California, Fleets, Litigation, Independent Contractors

July 25, 2014 - Industry News

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.

Tags: Drivers, C.R. England, OOIDA, Fleets, Litigation, Independent Contractors

July 23, 2014 - Industry News

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.

Tags: FMCSA, Driver Safety, OOIDA, Litigation

July 21, 2014 - Industry News

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.

Tags: FMCSA, Drivers, Regulations, Massachusetts, Safety & Compliance, Litigation

July 21, 2014 - Industry News

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.

Tags: Volvo, Volvo Trucks, U.S. EPA, Earnings, Litigation, Emissions

July 21, 2014 - Industry News

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.

Tags: Caterpillar, Lawsuits, ACERT, Litigation, Diesel Engines, Engines, Emissions

July 14, 2014 - Industry News

Tracy Morgan, Others Sue Walmart Over Truck Crash

Comedian Tracy Morgan has filed a lawsuit against Walmart following a crash last month on the New Jersey Turnpike in which he was severely injured, while James McNair, a comedian known as Jimmy Mack was killed and two others were hurt.

Tags: Accidents, Drivers, Hours of Service, New Jersey, Fatigue, Safety & Compliance, Walmart, Litigation, 34 Hour Restart

July 11, 2014 - Industry News

Fourth Lawsuit Filed In Past Week Against Navistar Over International Engines

UPDATED -- The complaint alleges that Navistar actively concealed that its 2008-2013 model trucks, equipped with the MaxxForce Advanced exhaust gas recirculation diesel engines, contained a defective emission system that caused the trucks to suddenly break down.

Tags: Navistar, EGR, International Trucks, Litigation

July 10, 2014 - Industry News

Court Rules California Truckers Entitled to Paid Breaks

Truck drivers in California are entitled to paid rest breaks and meal breaks, according to a Wednesday ruling from a federal court in San Francisco.

Tags: Drivers, Regulations, California, Hours of Service, Litigation

July 8, 2014 - Industry News

Multiple Lawsuits Filed Against Navistar Over International MaxxForce Engines

Lawyers for trucking companies have filed lawsuits in three states against the parent company of International Trucks, claiming Navistar failed to disclose known defects and problems with its EPA 2010 MaxxForce engines.

Tags: Navistar, SCR, EGR, International Trucks, Engines, Litigation, EPA 2010

June 26, 2014 - Industry News

Auditors OK Amounts Pilot Flying J Paying Back Customers

Auditors have signed off on truckstop chain Pilot Flying J's math in determining whether it correctly calculated what it owed trucking company customers in a fuel rebate program that has been the focal point of a federal investigation.

Tags: Diesel Prices, Crime & Fraud, Pilot Flying J, Litigation

June 26, 2014 - Industry News

Court Upholds Racial Harassment Ruling Against Trucking Company

The U.S. Fourth Circuit Court of Appeals has upheld a earlier ruling in the U.S. Equal Employment Opportunity Commission's favor in obtaining a jury verdict and more than $243,000, along with injunctive relief, for victims of racial harassment and retaliation perpetrated by A.C. Widenhouse, a Concord, N.C.-based trucking company.

Tags: North Carolina, Litigation, EEOC, Equal Employment Opportunity Commission

June 25, 2014 - Industry News

Supreme Court Declines to Review Case Involving Swift Truckers

The U.S. Supreme Court has denied a petition by the trucking company Swift Transportation to review a lower court ruling against the company involving independent contractor driver leases.

Tags: Drivers, Owner-Operators, Litigation, Swift Transportation

June 23, 2014 - Industry News

Meritor, ZF Settle Lawsuit Against Eaton for $500 Million

Truck component makers Meritor and Eaton have reached a settlement agreement relating to an antitrust lawsuit filed in 2006.

Tags: Eaton, Meritor, Eaton Corp., Litigation

June 19, 2014 - Industry News

Appeals Court Rejects Broker Suit Against CSA

A group of small carriers and brokers lost their legal challenge of the Federal Motor Carrier Safety Administration’s CSA safety enforcement program. In a ruling handed down Wednesday the U.S. Court of Appeals for the District of Columbia Circuit dismissed the suit by the Alliance for Safe, Efficient and Competitive Truck Transportation

Tags: FMCSA, CSA, Brokers, Litigation, Regulations, Federal Motor Carrier Safety Administration

June 19, 2014 - Industry News

Attorney Warns Change in Florida Law Places CDLs at Greater Risk

A Florida attorney is warning truck driver commercial licenses have been placed at further risk due to a change in Florida law.

Tags: Florida, Truck Drivers, Commercial Driver's License, Litigation

June 10, 2014 - Industry News

EEOC Wins Lawsuit Against Carrier on Behalf of Female Trucker

Winebrenner Transfer, a Hagerstown, Md.-based trucking company, will pay $42,000 to a female truck driver to resolve a lawsuit for retaliation filed by the U.S. Equal Employment Opportunity Commission.

Tags: Drivers, Fleets, Litigation, Driver Pay, EEOC

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