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The Cullen Law Firm, PLLC (TCLF) represents owner-operators
and small business truckers - and the Owner-Operator Independent
Drivers Association, Inc. (OOIDA) of Grain Valley, Missouri
- in state and federal courts around the country, before
federal and state agencies regulating the trucking industry,
and before the U.S. Congress and various state legislatures.
TCLF HELPS TRUCK DRIVERS, SMALL BUSINESS CARRIERS
AND SHIPPERS ENFORCE THEIR RIGHTS AGAINST LARGE MOTOR
CARRIERS AND BROKERS
TCLF has filed numerous of actions, including class action
lawsuits, on behalf of owner-operators seeking to redress
violations of federal leasing regulations by motor carriers.
Pending cases involve allegations that the defendant motor
carriers skimmed driver compensation, failed to return
escrow funds or to render an accounting at the termination
of leases; imposed undisclosed, undocumented and excessive
charge-backs for insurance premiums, licensing fees, purchases
using fuel cards and other items not specified in the motor
carriers' leases; and made unlawful charges for premiums
on types of insurance.
TCLF HAS ESTABLISHED LANDMARK CASES IN TRUCKING
LAW
TCLF ESTABLISHED THE PRIVATE RIGHT OF ACTION BY
OWNER-OPERATORS SHIPPERS, AND OTHERS AGAINST MOTOR CARRIERS:
- Of special significance to TCLF's owner-operator class
action efforts is a decision by the U.S. Court of Appeals
for the Eighth Circuit. On August 10, 1999, in Owner-Operator
Independent Drivers Association, Inc. v. New Prime, Inc., 192
F.3d 778 (8th Cir 1999) cert denied. 529 U.S. 1066
(2000), the federal appeals court decided in favor
of OOIDA in ruling that the ICC Termination Act grants
owner-operators a private right of action by which
to enforce the motor carrier truth-in-leasing regulations
through the federal courts.
- On June 9, 2008, the U.S. Court of Appeals for the
9 th Circuit held that shippers have a private right
of action against motor carriers for violations of federal
motor carrier law. Fulfillment Services Inc. v. United Parcel
Service, Inc. 528 F.3d 614 (9 th Cir 2008).
TCLF ESTABLISHED THAT PLAINTIFFS USING FEDERAL
PRIVATE RIGHT OF ACTION ARE NOT LIABLE FOR ATTORNEYS
FEES:
- Both the U.S. Courts of Appeals for the Eighth and Ninth
Circuits have ruled that the fee shifting provision of
the ICC Termination Act does not entitle prevailing defendants
to attorneys' fees. These rulings represent major victories
for our clients who cannot be forced to pay attorneys fees
if their cases are unsuccessful. Owner-Operator Indep.
Drivers Ass'n, Inc. v. New Prime, Inc. , 398 F.3d
1067, 1071 (8th Cir. 2005); Fulfillment Services Inc.
v. United Parcel Service, Inc. 528 F.3d 614 (9 th
Cir 2008).
TCLF ESTABLISHED RIGHT TO CLASS ACTIONS AGAINST
MOTOR CARRIERS:
Several Courts have certified classes in cases brought
by TCLF under the federal leasing regulations including
federal district courts in Indiana (Mayflower Transit,
Inc.), Ohio (Arctic Express, Inc), New Jersey (Gilbert
Express & Bridge Terminal Transport), Iowa (Heartland),
Illinois (Allied Van Lines and North American Van Lines)
and Missouri (Ledar).
TCLF has represented owner-operators as class counsel
or sub-class counsel in a number of proceedings that successfully
attacked the imposition of various state taxes under the
Commerce Clause of the U.S. Constitution. Paul D. Cullen,
Sr., has been lead counsel in litigation brought against
the State of Alabama in which class members were awarded
$70 million in tax refunds for a marker fee found to be
a flat tax that violated the Commerce Clause. Class members
received refunds (after the payment of attorneys fees)
in excess of 100 percent of the taxes unlawfully paid to
the State of Alabama.
TCLF ESTABLISHED THAT A FOUR YEAR STATUTE OF LIMITATIONS
APPLIES IN ACTIONS AGAINST MOTOR CARRIERS.
TCLF has also prevailed in establishing that a four year
statute of limitations applies to actions brought against
motor carriers under the private right of action. Owner-Operator
Indep. Drivers Ass'n, Inc. v. C.R. England, Inc. ,
325 F.Supp.2d 1252 (D. Utah 2004); Owner-Operator Indep.
Drivers Ass'n, Inc . v. Bulkmatic Transport Co. ,
2004 WL 1151555 (N.D. Ill. May 3, 2004); Owner-Operator
Indep. Drivers Ass'n, Inc. v. Allied Van Lines, Inc., 2004
WL 5376212 (N.D. Ill. July 16, 2004); Owner-Operator
Indep. Drivers Ass'n, Inc. v. Swift Trans. Co., Inc .,
2004 WL 5376210 (D. Ariz. July 28, 2004)
REGULATORY AND LEGISLATIVE REPRESENTATION
TCLF actively represents small business truckers in various
rulemaking proceedings before the Federal Motor Carrier
Safety Administration, including pending rulemakings covering
the possible adoption of out of service criteria as part
of the Federal Motor Carrier Safety Regulations, and the
reevaluation of current hours of service regulations. TCLF
presently represents OOIDA in an appeal now pending before
the U.S. Court of Appeals for the Ninth Circuit that challenges
the Secretary of Transportation's program to allow Mexican-based
motor carriers to operate within the United States.
HISTORY OF THE PRIVATE RIGHT OF ACTION
Prior to January 1, 1996, the Interstate Commerce Commission
had jurisdiction over the enforcement of the federal truth-in-leasing
regulations set forth at 49 C.F.R. part 376. Effective
January 1, 1996, Congress terminated the ICC and transferred
authority over the truth-in-leasing regulations to the
U.S. Department of Transportation. At the same time, Congress
created a private right of action pursuant to which interested
parties, such as owner-operators and shippers, may seek
enforcement, including injunctive relief and monetary damages,
of motor carrier violations of certain area of federal
law ( TITLE 49, Subtitle VI, Part B). These include: the
truth in leasing regulations.
To learn more about The Cullen Law Firm, PLLC's Transportation
Practice contact Paul Cullen, Sr. at pdc@cullenlaw.com or
info@cullenlaw.com.
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