OOIDA and 10 individual drivers, plaintiffs in a lawsuit against Bulkmatic Transport Company that is pending in federal district court in Chicago, have settled their claims against the carrier.
The lawsuit, filed in November 2003, alleged that Bulkmatic violated the federal leasing regulations by failing to pay drivers as specified in the lease agreement. The lease provided for payment of compensation based on a percentage of gross revenue.
In August 2007, the court granted summary judgment in favor of plaintiffs interpreting “gross revenue” as used in the lease agreement to include all charges made by Bulkmatic to its customers. The court found that Bulkmatic’s lease violated the leasing regulations.
A separate case had previously been filed against Bulkmatic in Ohio. That case was settled as a class action last summer. The 10 individual drivers named in the OOIDA lawsuit opted out of the Ohio settlement, and proceeded separately.
The settlement resolves all remaining issues in the OOIDA litigation, including a compromise on the amounts in alleged unpaid compensation claimed by each of the 10 individual plaintiffs, and attorneys’ fees and costs.
Under the settlement, Bulkmatic makes no admission of liability to plaintiffs. A compromise avoids the cost of continued litigation and an appeal of the findings of liability against Bulkmatic. All parties are satisfied with the terms of the settlement.