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Litigation

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October 29, 2013 - Industry News

Ford Reaches Settlement over Navistar Engines

Ford has agreed to settle a class-action lawsuit over claims that it sold defective diesel engines in its 2003-07 Super Duty pickups and E-series vans, according to Automotive News

Tags: Navistar, Ford, Engines, Litigation

October 24, 2013 - Industry News

Massachusetts Small Fleet Owner Charged with Bribing FMCSA Inspector

A man has been charged in U.S. District Court in Worcester, Mass with trying to bribe a federal safety investigator in order to avoid negative findings on a safety review of his motor carrier company, but has already decided to pled guilty to avoid a lesser sentence.

Tags: FMCSA, Safety and Compliance, Litigation, Crime

October 24, 2013 - Industry News

Trucking Company Owners Sentenced for Violating FMCSA OOS Order

The owners of an Alabama trucking company have been sentenced for their roles in running a “chameleon carrier.”

Tags: FMCSA, Fleets, Safety and Compliance, Litigation

October 24, 2013 - Industry News

OSHA Orders Trucking Company and Owner to Withdraw Retaliatory Lawsuit, Pay Former Workers

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered Palumbo Trucking of North Branford, Conn., and owner David Palumbo to withdraw what is says is a retaliatory lawsuit filed against two former workers who raised safety concerns, pay them $60,000 in damages and take other corrective actions.

Tags: OSHA, Safety and Compliance, Litigation, Drivers

October 23, 2013 - Industry News

Broker Suit Against Bond Is Back in Motion

The suit by small property brokers against new bond requirements is back in motion after a federal magistrate lifted a stay, clearing the way for legal arguments over moving the matter to federal appeals court.

Tags: FMCSA, Congress, Freight, Owner-Operators, Brokers, Litigation

October 15, 2013 - Industry News

About 50 Pilot Flying J Customers Opt Out of Settlement

About 50 companies have opted out of a settlement with Pilot Flying J over fuel rebates. Photo: Evan Lockridge

Tuesday was the deadline for carriers to opt out of a settlement reached in July between some trucking companies and Pilot Flying J over allegations the truckstop chain cheated customers out of fuel purchase rebates. About 50 of the truckstops’s 6,000 customers said they want no part of the agreement.

Tags: Diesel Prices, Pilot Flying J, Litigation, Truckstops, Fuel and Oil

October 11, 2013 - Industry News

USA Truck Sues Knight for Using Confidential Info in 'Creeping Hostile Acquisition'

USA Truck says Knight Transportion violated confidentiality agreements.

Truckload carrier USA Truck has filed a breach of contract lawsuit against Knight Transportation, claiming Knight used USA Truck's confidential information to begin what it calls a “creeping hostile acquisition” of the Arkansas-based fleet.

Tags: Fleets, USA Truck, Litigation, Mergers & Acquisitions, Knight Transportation

October 9, 2013 - Industry News

Ohio Carrier Latest to Sue Pilot Flying J, More Litigation Expected

Photo: Evan Lockridge, eelcom, inc.

The umpteenth lawsuit has been filed against Pilot Flying J in the wake of a federal investigation into the company going public in mid-April following a raid on the company’s headquarters by the FBI.

Tags: Diesel Prices, Pilot Flying J, Litigation

October 4, 2013 - Industry News

Moving and Storage Company to Pay $450,000 to Settle Discrimination Lawsuit

Grand Junction, Colo.-based Mesa Systems has agreed to pay $450,000 and furnish other relief required by a court-ordered consent decree to settle a national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission.

Tags: Fleets, Litigation, EEOC

October 1, 2013 - Industry News

Kenan Transport Sued for Pregnancy Discrimination and Retaliation

The U.S. Equal Employment Opportunity Commission has filed a lawsuit against an operation of the tanker-hauler Kenan Advantage Group, claiming it violated federal law by discriminating against a female employee because she was pregnant.

Tags: Fleets, Litigation, Equal Employment Opportunity Commission

September 30, 2013 - Industry News

EEOC Appeals Ruling in Favor of CRST

The U.S. Equal Employment Opportunity Commission is appealing a ruling that it has to repay more than $4.5 million dollars for legal costs to the trucking company CRST Van Expedited.

Tags: Drivers, Litigation, CRST, EEOC

August 27, 2013 - Industry News

Jury Awards More Than a Million Dollars to Man for Truck Accident

An Illinois jury last Friday returned a verdict in favor of a 37 year-old Troy, Illinois man, awarding him nearly $1.3 million that stemmed from him being hit by a tractor-trailer.

Tags: Accidents, Litigation

August 23, 2013 - Industry News

Trucking Group Challenges Insinuations in Pilot Flying J Case

The head of the Arkansas Trucking Association has responded to claims involving litigation against Pilot Flying J, while a judge on Thursday delayed a decision as to whether Pilot Flying J CEO Jimmy Haslam will be forced to give a deposition. Photo: Evan Lockridge

Questions about the role of a key player in the litigation against Pilot Flying J prompted a strong rebuttal from the trucking company group. Lane Kidd, president of the Arkansas Trucking Association, said in a statement that he created National Trucking Financial Reclamation Services last April to seek justice for trucking companies that allegedly had been defrauded by Pilot Flying J.

Tags: Diesel Prices, Pilot Flying J, Litigation, Truckstops

August 21, 2013 - Industry News

Lawsuit Against Swift Transportation Certified as Class Action

Swift potentially faces claims from drivers over how they were paid. Photo: Evan Lockridge

More than nine years after a suit was first filed against the carrier Swift Transportation, over claims it cheated drivers out of compensation, it has been certified as a class action.

Tags: Drivers, Fleets, Litigation, Swift Transportation

August 6, 2013 - Industry News

EEOC Ordered to Pay Millions to CRST Van Expedited

A federal judge in Iowa has ordered the U.S. Equal Employment Opportunity Commission to pay $4.7 million to CRST Van Expedited for attorney’s fees and expenses the company racked up while defending itself in a sexual harassment case the judge called “unreasonable or groundless.”

Tags: Litigation, CRST, EEOC, Drivers

August 2, 2013 - Industry News

Court Upholds 34-Hour Restart, Rejects 30-Minute Break for Short-Haul Drivers

A federal appeals court generally affirmed the Federal Motor Carrier Safety Administration’s new hours-of-service rule. It rejected the agency’s application of the 30-minute break to short-haul drivers.The U.S. Court of Appeals for the District of Columbia Circuit upheld the 34-hour restart provision of the new truck driver hours-of-service rule but rejected the 30-minute break requirement for short-haul drivers.

Tags: HOS, Hours of Service, FMCSA, Litigation

July 26, 2013 - Industry News

Judges Mull Consolidating Remaining Pilot Flying J Lawsuits

Photo: Evan Lockridge

The fate of about a dozen lawsuits against Pilot Flying J now rests in the hands of a panel of federal judges in Maine. The suits, which all stem from allegations the truckstop chain cheated customers out of fuel rebates, could be consolidated into one class action.

Tags: Fuel Prices, Pilot Flying J, Truckstops, Litigation

July 26, 2013 - Industry News

Swift Transportation Faces Lawsuit Over Background Checks

Photo: Evan Lockridge

Swift Transportation is facing a class action lawsuit for allegedly violating the Fair Credit Reporting Act in how it conducted background checks. The suit says more than 10,000 applicants were affected.

Tags: Drivers, Swift Transportation, Fair Credit Reporting Act, Litigation

June 28, 2013 - Industry News

Judge Rules Against Old Dominion in EEOC Case

Old Dominion Freight Line's policy of not allowing drivers back behind the wheel after treatment for alcoholism was found to violate the Americans with Disabilities Act.

A federal judge in Arkansas has ruled against Old Dominion Freight Line in a case over a truck driver who self-reported alcohol abuse and the company’s “no return” policy for drivers who suffer from such problems.

Tags: Old Dominion Freight Line, Litigation, EEOC

June 13, 2013 - Industry News

Supreme Court Partially Upholds ATA in L.A. Port Case

The Supreme Court unanimously ruled that the Port of Los Angeles may not impose the placarding and parking requires of its concession plan on trucking companies. This in effect upholds part of the position American Trucking Associations took in pushing for the high court’s review of the port’s concession agreement.

Tags: American Trucking Associations, Port of Los Angeles, Port Trucking, Ports, Intermodal, Owner-Operators, Supreme Court, Litigation

June 6, 2013 - Industry News

New Study Puts Spotlight on FMCSA Insurance Requirement

Uninsured liabilities increasing for trucking companies, according to a new report. (Graphic: actuarial firm of Bickerstaff, Whatley, Ryan & Burkhalter)

A group of trucking companies released research indicating that the federal insurance requirement for the industry is too low, but others such as ATA and OOIDA disagree. The Trucking Alliance, a group of seven carriers that lobby for safety legislation on Capitol Hill, found that the dollar settlements in some cases were far above the $750,000 minimum federal insurance requirement.

Tags: FMCSA, ATA, Insurance, OOIDA, Litigation

June 3, 2013 - Industry News

Another Class Action Filed Against Flying J; Questions Arise Over Board Member

At least the 10th lawsuit has been filed against Pilot Flying J over allegations the company bilked trucking customers out of financial rebates, the second following the guilty pleas of two Pilot Flying J employees last week.

Tags: Pilot Flying J, Fuel and Oil, Truckstops, Fraud, Litigation

May 30, 2013 - Industry News

EEOC Targets Trucking Companies for Harassment, Discrimination

One trucking company has agreed to pay to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission, while the agency has filed separate litigation against another over claims of religious discrimination.

Tags: Litigation, EEOC, Drivers

May 30, 2013 - Industry News

Family of Driver Killed in Crash Gets $6 Million Settlement

Two trucking companies have agreed to pay a total of more than $6 million to the family of a truck driver killed in a 2011 crash with a truck that had bald tires and improperly adjusted brakes.

Tags: Litigation, Fleets, California, Drivers, Safety, Brakes, Tires

April 9, 2013 - Industry News

OOIDA/C.R. England Battle Continues, Association Scores Win Against Comerica Bank

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.

Tags: C.R. England, OOIDA, Arctic Express, Comerica Bank, Owner-Operators, Litigation

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