By Coral Beach
staff editor

The ripple effect is in full force this fall in federal truth-in-leasing cases that OOIDA and truckers have pending against some of the nation’s largest motor carriers.

In what OOIDA’s legal team called a “landmark ruling” in early September, the 11th Circuit U.S. Court of Appeals granted key portions of the truckers’ appeal of a federal judge’s actions in a case against Landstar System Inc.

When that ruling hit, lawyers representing the Owner-Operator Independent Drivers Association went into overdrive, not only because of the renewed opportunity to pursue allegations against Landstar – which are under way – but because of the impact the ruling could have on pending cases against other mega-carriers, including Swift Transportation Co. in Arizona.

“We have made progress with the leasing reg cases, and that can be seen partly with the result of our appeal in the Landstar case,” said OOIDA President and CEO Jim Johnston at the fall meeting of the Association’s Board of Directors.

Attorneys for the truckers immediately filed motions in the Swift case, asking the federal judge in Arizona to reconsider some of the rulings in that case, specifically rulings about whether Swift’s leases disclose enough information to drivers.

The truckers contend that the federal judge in Arizona should not have sided with Swift on the question of whether federal regs require motor carriers’ leases to disclose markups on chargebacks to drivers.

The truckers’ attorneys pointed out to the judge in the Swift case that the 11th Circuit appeals panel concluded: “The language of the regulation requires motor carriers to recite how the amount of payment is computed.” The judge gave Swift until Oct. 13 to respond and had taken the matter under advisement as of press time. LL

by coral_beach@landlinemag.com