Celadon Owner-Operators: Does the Bankruptcy Affect Your Escrow?

  In early December 2019, Celadon, an Indianapolis-based truckload carrier that grossed $1 billion as recently as 2015, filed for bankruptcy, making it perhaps the largest trucking company bankruptcy in U.S. history.  Celadon employed 2,500 truck drivers and worked with 380 owner-operators. Certain of those owner-operators may have had escrow accounts on trucking equipment which they […]

Is the FAAAA Preemption Writing on the Wall for AB 5?

  Motor carriers and owner-operators are closely watching the State’s appeal of the preliminary injunction granted in the California Trucking Association’s (“CTA”) legal challenge to AB 5. There is reason to believe the United States Courts of Appeals for the Ninth Circuit will affirm the district court’s holding that AB 5 is likely preempted by […]

FAAAA Delay: Curves Ahead for AB 5

  Judge Benitez of the United States District Court for the Southern District of California recently granted the California Trucking Association’s (“CTA”) motion for preliminary injunction enjoining the enforcement of AB 5.[i] This week California and intervening-defendant the International Brotherhood Teamsters filed interlocutory appeals from that decision to the United States Court of Appeals for […]

When States Impose High Fines and Take You to the Cleaners

  Has a civil authority imposed a fine—or worse, threatened to (or actually) impounded your truck—because of an alleged violation? Has your vehicle or equipment been seized in a civil forfeiture action? Does the amount of the fine or penalty lodged against you seem to far outweigh any alleged offense? Does that fine or penalty […]

The ABC’s of AB5: California’s New Employment Classification Law

Last year, California’s governor signed AB 5 into law establishing a new test for determining whether a worker should be classified as an employee or an independent contractor. This classification determines the rights and benefits to which a worker is entitled. Commonly referred to as the ABC test, it went into effect on January 1, […]

The Cullen Law Firm PLLC Files Petition with the Supreme Court to Review Excessive Tolls Issues on the Pennsylvania Turnpike

The Cullen Law Firm PLLC has filed a Petition for Writ of Certiorari with the U.S. Supreme Court asking it to review a decision by the U.S. Court of Appeals for the Third Circuit that dismissed a challenge to the tolls imposed by the Pennsylvania Turnpike. Petitioners the Owner-Operator Independent Drivers Association (OOIDA) and the […]

The Cullen Law Firm Seeks to Enjoin the Pennsylvania Turnpike Commission from Transferring Millions in Excess Tolls to PennDOT For Support of Local Infrastructure Unrelated To Turnpike Use

The Owner-Operator Independent Drivers Association, Inc. (OOIDA) and the National Motorists Association (NMA), along with several individual plaintiffs, filed a Motion for Preliminary Injunction today in support of their ongoing attack of what they allege are excessive and unconstitutional tolls imposed by the Pennsylvania Turnpike Commission (PTC). Both OOIDA and NMA assert that tolls on […]

The Cullen Law Firm Wins Class Certification; Defeats Motion for Summary Judgment in BMC-85 Trust Lawsuit

WASHINGTON, DC – On March 9, 2018, Judge Daniel G. Martin granted class certification in a lawsuit brought by the Owner-Operator Independent Drivers Association (“OOIDA”) against Pacific Financial Association (“Pacific Financial”) and Federal Service Corporation (“Federal Service”).  The lawsuit alleges that Pacific Financial and Federal Service, trustees to a BMC-85 trust, failed to carry out […]

Pennsylvania Turnpike Tolls Unconstitutional

WASHINGTON, DC – The Cullen Law Firm, PLLC filed a class action lawsuit on behalf of the Owner-Operator Independent Drivers Association, Inc. (OOIDA), the National Motorists Association, and individuals representing the potential class of motorists who use the Pennsylvania Turnpike. The lawsuit filed on Friday, March 16, 2018 in the federal district court for the […]