Paul D. Cullen, Sr. serves as outside Litigation Counsel to the Owner Operator Independent Drivers Association, Inc. Mr. Cullen has represented the association and its members for thirty 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. He successfully challenged the State of Alabama’s discriminatory marker fee on trucks under the Commerce Clause resulting in a recovery of over $70 million for motor carriers and their drivers. Mr. Cullen has also successfully challenged 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 under the Administrative Procedures Act, the U.S. Constitution, and 42 U.S. C. § 1983.
Mr. Cullen has also represented a diverse group of clients in the textile, consumer electronics, and semiconductor 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. He has extensive litigation experience in suits against federal and state agencies and officials in which injunctive relief, mandamus, and monetary damages have been obtained. He also filed the first major case for customs fraud under the False Claims Act on behalf of domestic textile producers.
Since entering the practice of law in 1965, Mr. Cullen has been substantially engaged as counsel in over 100 decisions published on Westlaw. Selected cases include:
- Fred Weaver, Jr. and Owner-Operator Independent Drivers Assn., Inc., v. Federal Motor Carrier Safety Administration, et al., 744 F.3d 142, 143-44 (D.C. Cir. 2014)
- Owner-Operator Indep. Drivers Ass’n, Inc. v. Federal Motor Carrier Safety Administration, 656 F.3d 580 (7th Cir. 2011) (vacated final agency rule mandating the use of electric-on-board records on commercial vehicles).
- Owner-Operator Indep. Drivers Ass’n, Inc. v. Dunaski, 763 F. Supp.2d 1068 (D.Minn 2011) (awarded declaratory and injunctive relief against officers of the Minnesota State Patrol for violating the 4th Amendment rights of professional drivers.
- Owner-Operator Indep. Drivers Ass’n, Inc. v. New Prime, Inc., 192 F.3d 778 (8th Cir. 1999)(the Interstate Commerce Commission Termination Act 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.,398 F.3d 1067 (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 the 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 the decision of the United States International Trade Commission denying the petition to revoke the antidumping duty order covering Color Television Receivers from Japan on the grounds of changed circumstances).
- 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 Workers of America overturned for violations of the LMRDA).