The Cullen Law Firm announces the certification of two
more classes of owner-operators in actions brought
by the firm against Landstar and CR England under the federal
Truth-in-Leasing Regulations.:
September 14, 2005, Washington, D.C. - The Cullen Law
Firm announces the certification of two more classes of
owner-operators in actions brought by the firm under the
federal Truth-in-Leasing Regulations.
OOIDA vs. C.R. England
On Aug. 29, 2005, U.S. District Court Judge Ted Stewart
in Utah's Central Division issued an opinion certifying
the class in suit against C.R. England brought on behalf
of the Owner-Operator Independent Drivers Association and
individual owner-operators. The complaint alleges the Salt
Lake City-based carrier violated the truth-in leasing regulations
by failing to return escrows at the end of the lease, requiring
the forced purchase of goods and services by the carrier,
overcharging for insurance and failing to documented charge-backs
The carriers lease agreements also fail to include certain
provisions that are required by the federal regulations,
while incorporating other provisions that conflict with
those regulations.
In his ruling, Judge Stewart found that the issues raised
were common to all class members since all were party to
substantively identical leases and C.R. England acted in
a "uniform course of conduct" with respect to
all potential class members.
The judge rejected the carrier's arguments that OOIDA
could not represent the class because its business operations
were in conflict with the interests of class members. Judge
Stewart found that OOIDA's interests were not in conflict,
but were aligned with those of owner-operator drivers.
Even if OOIDA could be seen to be in competition with C.R.
England in certain lines of business denies, the judge
found such competition to be irrelevant. The judge described
OOIDA's interest in the litigation as the same as other
class members – enforcement of owner-operator
rights as mandated by the truth-in-leasing regulations.
Judge Stewart added that, without OOIDA's participation,
there likely would be no lawsuit pursuing drivers' rights
against C.R. England.
OOIDA vs. Landstar
On Aug. 30, 2005, Judge Henry Lee Adams Jr. of the U.S.
District Court in Jacksonville, Florida, issued an opinion
certifying the class in OOIDA v. Landstar in which OOIDA
and individual drivers claim the carrier failed to disclose
information required by the regulations in its lease agreement;
overcharged owner-operators for fuel and transaction fees
related to the purchase of fuel; unlawfully deducted amounts
related to military shipments; and overcharged for base
plates and permits issued by the states.
As in the C.R. England case, the judge found the issues
met all the criteria for class certification in terms of
the commonality and that the number of plaintiffs was large
enough to warrant the class. The Landstar case could involve
a class of approximately 23,000 owner-operators.
In addition to the Utah and Florida court rulings, classes
have now been certified in other OOIDA cases including
decisions by federal district courts in Illinois (Allied
Van Lines), Indiana (Mayflower Transit, Inc.), Ohio (Arctic
Express, Inc. and Intrenet, Inc.), New Jersey (Gilbert
Express), Iowa (Heartland Express) and Missouri (Ledar
Transport).
Return to Press
Release Index
|
