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Sep 4, 2008

Appeals Court Issue * USA - Says motor carriers must come clean

U.S. Appeals Court ruling in Landstar case favors truckers

USA - Land Line Magazine -Sept. 3, 2008: -- A ruling issued today is being hailed by truckers and their leaders as a major win in the battle for transparency in trucking transactions... In its ruling that the trial court erred in a case against a mega-carrier, the U.S. Court of Appeals for the 11th Circuit made the strongest judicial statement to date regarding what motor carriers must reveal to their leased owner-operators... “This ruling in OOIDA’s case against Landstar certainly affirmed everything that we needed affirmed in the leasing rules and overturned many of what we considered to be erroneous decisions by the lower court,” said Jim Johnston, president and CEO of the Owner-Operator Independent Drivers Association... “The important thing here is that the owner-operator be fully informed of what the costs and fees are that a carrier is going to charge. Then you can make your decision based on having all of the information"... As of midday Wednesday, Johnston and other OOIDA leaders were reviewing the ruling with the Association’s legal team...

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Jun 2, 2007

Judge Orders * USA - Teamsters to not Block TS Trucking Entrance

Bowling Green,KY,USA -WBKO/ABC News, by Gene Birk -Jun 1, 2007: -- Warren Circuit Judge Steve Wilson issued the order May 31, 2007... The teamsters union started striking May 17, claiming the company refused to budge on their demands for better benefits and better raises... May 30 the company filed a motion for a restraining order and permanent injunction to keep the union from impeding the company or its agents from doing business. Wilson took the matter under advisement and issued his order Thursday... The strikers can keep picketing, but are restricted from walking in front of the company's entrances and exits, so vehicles can come and go, and no one gets hurt...

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Jun 1, 2007

Trucking vs. Strikers * Australia - T.S. Trucking go to Court

Australia -ABC News, by Gene Birk /wbko -May 30, 2007: -- T.S. Trucking takes Teamsters Local #89 to court to keep strikers from blocking the trucking company gates... The Teamsters Union began the strike May 17, 2007, claiming the company refused to budge on their demands for better benefits and better raises... On May 30, T.S. Trucking filed a motion for a restraining order and permanent injunction, to keep the union from impeding the company or its agents from doing business... Warren Circuit Judge Steve Wilson took the matter under advisement during a hearing today. He’s expected to rule the strikers can keep picketing, but restrict their movements from the driveway areas so no one gets hurt...

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Apr 23, 2007

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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