District Court judge has granted a motion for certification
of class filed by the Owner-Operator Independent Drivers Association
(OOIDA) in the second of its two complaints brought against
Ledar Transport Inc. of Kansas City, MO.
with members Daniel Day, David Horn, Kenneth Reinsch and Jason
Buckallew filed the lawsuit against Ledar in March 2000 claiming
numerous violations of the federal truth-in-leasing regulations
and failure to include certain required provisions in their
lease agreements. In November 2000, U.S. District Judge Fernando
Gaitan Jr. (for the Western District of Missouri) issued a preliminary
injunction in the case prohibiting Ledar from doing business
with leased trucking equipment until its lease conformed to
federal regulations. An amended complaint filed by OOIDA in
May 2001 named Hawthorne Leasing, Carl E. Higgs, Alice Norma
Higgs and Scott L. Higgs as additional defendants.
its plaintiff members petitioned the court for class certification
of the case arguing the alleged violations of leasing regulations
were common to approximately 900 owner-operators leased to Ledar.
Judge Gaitan concluded that OOIDA and the owner-operators had
met all the prerequisites needed for class certification in
this suit and granted their motion. He also agreed that OOIDA
would remain a member of the class in representing the interests
so Judge Gaitan also denied motions by Ledar and the other defendants
to dismiss the case.
Jim Johnston said after the ruling, "This case continues
to be an encouraging example of the court's recognition
of the rights of the small business trucker in his/her relationship
with a carrier. We are very pleased with Judge Gaitan's
decision and we look forward to the opportunity of seeking relief
from the alleged violations on behalf of a substantial number