.
Washington DC , June 15, 2005. The Cullen
Law Firm announces the certification of another class of
owner-operators in an action brought by the firm under
the federal Truth-in-Leasing Regulations. In an Order issued
on May 23, 2005, Judge Milton I. Shadur of the United States
District Court for the Northern District of Illinois certified
a class in OOIDA
v. Allied Van Lines, Inc. . The firm filed the Allied action
on behalf of the Owner-Operators Independent Drivers Association
(OOIDA) and individual driver, Rodney Rockwell. Plaintiffs
allege that the lease used by TFC, an Allied agent, omits
several provisions required by Truth-in-Leasing regulations
and contains numerous provisions that explicitly conflict
with regulatory requirements, such as unlawful escrow procedures,
undisclosed administrative charges, and impermissible insurance
charges. In the opinion, the Court rejected Allied's
argument that by drafting a new lease it eliminated the
need for certain of the claims and OOIDA's
participation in the litigation. The Court described Allied's
argument as â€otoothless and unpersuasive."The
Court similarly held that Allied's contention
that damages must be proven as an element of liability
"just won't fly." Finally, the
Court rejected one of Allied's central arguments,
that the individualized issues of each owner-operator's
damages made the case unsuitable for class certification.
To the contrary, the Court held that individualized damages
issues do not "spell doom for class certification"
and concluded that Plaintiffs had "readily" met
the certification requirements.
The firm has filed numerous class action lawsuits on behalf
of owner-operators seeking to redress violations of the federal
leasing regulations by motor carriers. Several Courts have
certified classes in cases brought by OOIDA under the federal
leasing regulations including federal district courts in
Indiana (Mayflower Transit, Inc.), Ohio (Arctic Express,
Inc), New Jersey (Gilbert Express), Iowa (Heartland Express)
and Missouri (Ledar Transport).
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