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| Of Counsel to the Cullen Law Firm: |
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| Paul
D. Cullen, Sr. |
| Attorney and Counselor
at Law |
| pdc@cullenlaw.com |
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| Education: |
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Georgetown University, College of Arts & Sciences,
A.B. 1962
Georgetown University Law Center, J.D., 1965
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| Practice Areas: |
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| Paul D. Cullen, Sr. serves
as General Counsel to the Owner Operator Independent
Drivers Association, Inc. Mr. Cullen has represented
the association and its members for over twenty
years in a variety of matters including numerous
class-action suits in state and federal courts
under the federal Truth-in-Leasing regulations
and the U.S. Constitution. Mr. Cullen has successfully
challenged the State of Alabama’s discriminatory
marker fee on trucks under the Commerce Clause
and discriminatory enforcement practices against
out-of-state drivers by the Tennessee Public
Service Commission also under the Commerce
Clause. He has been involved in numerous administrative
and judicial proceedings challenging state
and federal enforcement actions against professional
truck drivers under the Fourth Amendment.
Mr. Cullen
also represents
a diverse group
of clients
in the textile,
consumer electronics,
and semi-conductor
industries
in a broad
range of international
trade matters
and antidumping
proceedings.Early
in his career,
Mr. Cullen
served as a
Trial Attorney
in the Civil
Division of
the U.S. Department
of Justice
where he defended
the United
States and
various federal
departments,
agencies and
officials in
numerous civil
proceedings
throughout
the country.
Mr. Cullen
has extensive
litigation
experience
in suits against
federal and
state agencies
and officials
in which injunctive
relief, mandamus,
and monetary
damages have
been obtained.
Mr. Cullen
has been named
as class counsel
in numerous
suits in state
and federal
court. He represented
clients in
a class action
suit that resulted
in a $70 million
judgment against
the Tax Commissioner
of the State
of Alabama
for violation
of the Commerce
Clause of the
U.S. Constitution.
He also filed
the first major
case for customs
fraud under
the False Claims
Act on behalf
of domestic
textile producers.
That suit alleged
that false
country of
origin declarations
on imports
give rise to
liability for
treble damages
and statutory
penalties under
the False Claims
Act.
Since entering
the practice
of law in 1965,
Mr. Cullen
has been substantially
engaged as
counsel in
cases yielding
87 decisions
published on
Westlaw. Selected
cases include:
- Hodgson
v. United Mine Workers of Am., 344
F. Supp. 17 (D.D.C. 1972)(election
of W.A. “Tony” Boyle as
President of the United Mine Workers
of America overturned for violations
of the LMRDA).
Owner-Operator
Indep. Drivers
Ass’n,
Inc. v. New
Prime, Inc., 192
F.3d 778
(8th Cir.
1999)(the
ICCTA created
a private
right of
action permitting
drivers to
seek injunctive
relief and
damages for
a motor carrier’s
violation
of Truth-in-Leasing
regulations).
Owner-Operator
Indep. Drivers
Ass’n,
Inc. v. New
Prime, Inc., — F.3d —,
2005 WL 425396
(8th Cir.
2005)(the
attorney
fee provision
of the ICCTA
authorizes
fee awards
only for
plaintiffs
not prevailing
defendants).
Am.
Textile Mfrs.
Inst., Inc.
v. The Limited,
Inc., 190
F.3d 729
(6th Cir.
1999)(False
Claims Act
not applicable
to false
customs declarations
where no
loss of duties
shown).
Sizemore
v. Owner-Operator
Indep. Drivers
Ass’n,
Inc., 671
So. 2d 674
(Ala. Civ.
App. 1995)
(affirming
trial court’s
decision
holding that
Alabama’s
marker fee
was discriminatory
under the
Commerce
Clause).
Matsushita
Elec. Indus.
Co., Ltd.
v. U.S., 750
F.2d 927
(Fed. Cir.
1984)(affirming
decision
of the United
States International
Trade Commission
denying petition
to revoke
antidumping
duty order
covering
Color Television
Receivers
from Japan
on grounds
of changed
circumstances).
- Owner-Operator
Indep. Drivers Ass’n, Inc. v.
New Prime, Inc., 133 S.W.2d 162
(Mo. App. S.D. 2004)(statutory exemption
from Missouri’s workers compensation
law applicable only to drivers who
both own and operate the vehicle).
Admissions
- Connecticut,
1965
New York, 1966
District of Columbia, 1972
United States Court of International Trade, 1980
United States Supreme Court, 1974
United States Court of Appeals for the District of
Columbia Circuit, 1979
United States Court of Appeals for the Federal Circuit,
1982
United States Court of Appeals for the Sixth Circuit,
1998
United States Court of Appeals for the Eighth Circuit,
1999
United States Court of Appeals for the Ninth Circuit,
2003
- United
States Court of Appeals for the Eleventh
Circuit, 2003
Other Activities/Affiliations
- District
of Columbia Bar Association
American Bar Association
Member, Georgetown Law Center National Moot Court
Team, 1965
Captain, United States Army Reserve, Intelligence
Corps, 1965-67
Trial Attorney, United States Department of Justice,
Civil Division, 1970-72
Assistant Counsel, Corning Glass Works, Inc., 1972-78
Partner, Collier, Shannon, Rill & Scott, PLLC,
1980-1997
- Member,
Georgetown University Board of Regents
1996-2004
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