WASHINGTON, DC – The Cullen Law Firm has obtained final approval of a $44.4 million class action settlement against the State of New York after successfully demonstrating that the State had illegally levied and collected taxes under its Highway Use Registration and Decal program. The settlement covers a refund of taxes and fees paid between June 1, 2009 and March 8, 2016.
The suit involves approximately 111,000 class members. The class representatives include the Owner-Operator Independent Drivers Association and individual truck owners and operators. The class is represented by Paul D. Cullen, Sr., Daniel E. Cohen, Joseph A. Black and Noah M. Rich of the Cullen Law Firm, PLLC in Washington, D.C., and Thomas Fallati of Tabner, Ryan and Keniry LLP in Albany, New York.
The Court granted preliminary approval to the settlement on November 15, 2016, and class notices were mailed on December 20, 2016. No class members objected to the terms of the settlement. A final fairness hearing was held on April 13, 2017, and the Court issued an order granting final approval to the settlement on April 19, 2017. The State of New York must pay the settlement amount within 120 days. The Cullen Law Firm will issue refund checks to class members.
Motor Carriers who charged any registration or decal fees to owner-operator truck drivers are required to pass through the full amount of the tax refunds they receive to those owner-operators, without any claims or setoffs.
For additional information about the case, visit www.nytrucktaxrefunds.com.
Class members with any questions about the case should call 855-800-4235.