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Judge's Affairs * USA - OOIDA, truckers to file appeal in Landstar case
FL,USA -Land Line Magazine, by Coral Beach -April 20, 2007: -- Taking the fight against Landstar System to the next level, OOIDA will appeal a Florida federal judge’s ruling that truckers did not prove they were entitled to damages, even though they did prove that the motor carrier violated truth-in-leasing regulations... The appeal, to be filed with the U.S. Court of Appeals for the 11th Circuit in Atlanta, will challenge orders filed in late March by U.S. District Court Judge Henry Lee Adams Jr., including his ruling that the truckers were not entitled to a court order to keep the Landstar companies from violating the regs in the future... OOIDA also wants class-action status restored to the case so that more than 27,000 owner-operators will be included as plaintiffs against Landstar and its operating companies Ranger, Ligon and Inway... Paul D. Cullen Sr., OOIDA’s trial counsel said, that the trial court is apparently of the belief that a motor carrier’s obligation ends if the amount of a chargeback is stated in its lease and a deduction of that same amount is reported in a settlement sheet... OOIDA officials are not satisfied with that view of the law and have vowed to continue the fight... “Under this interpretation,” Jim Johnston, OOIDA president and CEO said, “the regulations are completely useless in protecting drivers from improper chargebacks by motor carriers. This is certainly not what either Congress or the Interstate Commerce Commission intended when the regulations were adopted. I have every confidence that the Court of Appeals will correct these errors when OOIDA presents its appeal.”...
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