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Case ID: 4263 | Miscellaneous | 03/30/2005
The Owner-Operator Independent Drivers Association (OOIDA) and six of its owner-operator members have filed a class action against North American Van Lines seeking monetary relief and damages for wide ranging violations of the federal truth-in-leasing regulations. The lawsuit was filed in federal court in Roanoke, Va., on behalf of all owner-operators moving freight under North Americanšs federal operating authority.
The suit challenges North Americanšs business practices toward its independent drivers. Federal law requires that the relationship between the carrier and driver must be governed by a written agreement. The plaintiffs allege that hundreds of owner-operators have driven for North American for many years with no written agreement. North American Van Lines is headquartered in Fort Wayne, Ind. The complaint alleges that North American unlawfully reduces the revenue base from shipments on which owner-operator compensation is calculated, and that North American does not provide drivers with required information and documentation that would allow them to check the accuracy of amounts paid to them for their services. OOIDA claims that North American, like most motor carriers, reported state fuel use taxes on a fleet-wide basis. Drivers pay the fuel tax at the pump, and receive credits for amounts overpaid in various states. The complaint alleges that North American confiscates driver credits if the credit is not offset within 30 days, which is in violation of the escrow provisions of the federal leasing regulations. Further, the complaint states that North American requires drivers to contribute to a fund that North American uses to pay its public liability insurance and to cover the cost of certain government required safety and compliance programs. The plaintiffs contend that federal law places the obligation for those payments solely on the motor carrier, and that passing through or charging back the cost of them to drivers is improper. It is further alleged that unused funds are forfeited to North American, violating the requirement that such money be returned to drivers. Lastly, the complaint alleges that owner-operators are forced to purchase certain products and services from the carrier as a condition of receiving freight assignments. The suit states that drivers must purchase through North American public liability and property damage insurance, full valuation cargo insurance, credit card services and Qualcomm communications equipment. The forced purchase of products and services is prohibited under the federal truth-in-leasing regulations. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Miscellaneous Cases of Interest A physician education company filed a lawsuit against the second-largest commercial property owner in Dallas. The lawsuit alleges negligence in handling confidential private information and breach of contract. Several class actions have been filed against construction and facilities services firm EMCOR Group, Inc. (NYSE:EME) and certain of its officers and directors by stockholders who purchased the company's common stock between April 9, 2003, and October 2, 2003. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. "Grease" co-creator Jim Jacobs filed a $100 million class-action federal lawsuit in New York charging multiple cruise ships with stealing his broadway performing show. Jacobs' suit charges cruise lines have staged thousands of performances of "Grease" through the years without paying or receiving the necessary permission. A lawsuit has been filed to force Ohio's Secretary of State to remove social security numbers from his website. The concern is that the information on the internet could lead to identity theft. The suit seeks class action status for anyone whose social security number can be accessed on the web site of Ohio Secretary of State Ken Blackwell. Kahn Gauthier Swick, LLC ("KGS") announces that shareholders of Plexus Corp. ("Plexus" or the "Company") (NASDAQ:PLXS - News) who purchased shares or other securities of the Company between January 25, 2006 and July 27, 2006 (the "Class Period"), have until August 24, 2007 to move for appointment as Lead Plaintiff in a securities fraud class action lawsuit currently pending in the United States District Court for the Eastern District of Wisconsin. No class has yet been certified in this action. A class action lawsuit has been filed in the District Court of Massachusetts against CVS Corporation. The case involves violations of the Employment Retirement Income Security Act (ERISA). No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. |
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