The Owner-Operator Independent Drivers Assn. reports mixed results in its efforts to get truth-in-leasing lawsuits against motor carriers certified as class actions.
A U.S. District Court Judge granted a motion for certification of class filed in the second of its two complaints brought against Ledar Transport Inc.of Kansas City, Mo.
OOIDA, with members Daniel Day, David Horn, Kenneth Reinsch, and Jason Buckallew filed the lawsuit against Ledar in March 2000 claiming numerous violations of the federal truth-in-leasing regulations and failure to include certain required provisions in their lease agreements. In November 2000 U.S. District Court Judge Fernando Gaitan Jr. (for the Western District of Missouri) issued a preliminary injunction in the case prohibiting Ledar from doing business with leased trucking equipment until its lease conformed to federal regulations. An amended complaint filed by OOIDA in May 2001 named Hawthorne Leasing, Carl E. Higgs, Alice Norma Higgs and Scott L. Higgs as additional defendants.
OOIDA and its plaintiff members petitioned the court for class certification of the case, arguing the alleged violations of leasing regulations were common to approximately 900 owner-operators leased to Ledar. Judge Gaitan concluded that OOIDA and the owner-operators had met all the prerequisites needed for class certification in this suit and granted their motion. He also agreed that OOIDA would remain a member of the class in representing the interests of owner-operators.
In doing so Judge Gaitan also denied motions by Ledar and the other defendants to dismiss the case.
However, the U.S. Court of Appeals (Eighth District) decided not to permit an appeal of an earlier district court ruling denying class certification in OOIDA's case against New Prime, Inc.
The case against New Prime over alleged violations of the federal leasing regulations, unauthorized deductions and failure to return escrow accounts is expected to proceed to trial with OOIDA and two of its member owner-operators as plaintiffs.
On Feb. 25, the U.S. District Court for the Western District of Missouri ruled against OOIDA's request for class certification to combine the potential 10,000 owner-operators affected by Prime's alleged truth-in-leasing violations into one lawsuit.
A U.S. District Court Judge granted a motion for certification of class filed in the second of its two complaints brought against Ledar Transport Inc.of Kansas City, Mo.
OOIDA, with members Daniel Day, David Horn, Kenneth Reinsch, and Jason Buckallew filed the lawsuit against Ledar in March 2000 claiming numerous violations of the federal truth-in-leasing regulations and failure to include certain required provisions in their lease agreements. In November 2000 U.S. District Court Judge Fernando Gaitan Jr. (for the Western District of Missouri) issued a preliminary injunction in the case prohibiting Ledar from doing business with leased trucking equipment until its lease conformed to federal regulations. An amended complaint filed by OOIDA in May 2001 named Hawthorne Leasing, Carl E. Higgs, Alice Norma Higgs and Scott L. Higgs as additional defendants.
OOIDA and its plaintiff members petitioned the court for class certification of the case, arguing the alleged violations of leasing regulations were common to approximately 900 owner-operators leased to Ledar. Judge Gaitan concluded that OOIDA and the owner-operators had met all the prerequisites needed for class certification in this suit and granted their motion. He also agreed that OOIDA would remain a member of the class in representing the interests of owner-operators.
In doing so Judge Gaitan also denied motions by Ledar and the other defendants to dismiss the case.
However, the U.S. Court of Appeals (Eighth District) decided not to permit an appeal of an earlier district court ruling denying class certification in OOIDA's case against New Prime, Inc.
The case against New Prime over alleged violations of the federal leasing regulations, unauthorized deductions and failure to return escrow accounts is expected to proceed to trial with OOIDA and two of its member owner-operators as plaintiffs.
On Feb. 25, the U.S. District Court for the Western District of Missouri ruled against OOIDA's request for class certification to combine the potential 10,000 owner-operators affected by Prime's alleged truth-in-leasing violations into one lawsuit.
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