WASHINGTON, DC – The Cullen Law Firm has obtained preliminary approval of a $44.4 million 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. Notice of the settlement has been mailed to the approximately 111,000 class members. The class representatives include the Owner-Operator Independent Drivers Association and individual 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.
On January 22, 2016, the New York State Supreme Court, Albany County, ruled that the taxes at issue violated the Commerce Clause of the United States Constitution by discriminating against out-of-state operators. Following the court’s ruling, class counsel engaged in several months of settlement negotiations with the office of the New York State Attorney General. Ultimately, the Cullen Law Firm was able to secure a settlement in excess of $44 million, which covers a refund of taxes and fees paid between June 1, 2009 and March 8, 2016.
Carriers who charged back any registration or decal fees to owner-operators are required to pass through the full amount of the tax refunds they receive to those owner-operators, without regard to any claims or setoffs.
The court granted preliminary approval to the settlement on November 15, 2016, and class notices were mailed on December 20, 2016. A final fairness hearing is scheduled for April 13, 2017, in Albany, New York.
For additional information about the case, visit www.nytrucktaxrefunds.com.
Class members with any questions about the case should call 855-800-4235.