Supervalu ruling expected this spring from appeals court

| Wednesday, January 19, 2011

In the case of OOIDA and member plaintiffs Joe Rajkovacz and Carl Shaefer Jr. v. Supervalu Inc., the Association expects an opinion by the 8th Circuit Court of Appeals this spring.

Joe Rajkovacz, a plaintiff in the lawsuit, said the Owner-Operator Independent Drivers Association obtained through settlement an injunction forbidding Supervalu from using insurance requirements over and above those required by federal law as a precondition to a driver loading/unloading him or herself. On appeal, OOIDA is seeking reimbursement of the lumper fees drivers were required to pay during the period of Supervalu?s extraordinary insurance requirements.

?A victory in this case would be precedent-setting for the rest of an industry that victimizes truckers by forcing them to pay to be loaded or unloaded,? said Rajkovacz, who was an owner-operator when the case was first filed. He is now OOIDA?s director of regulatory affairs.

The case was originally filed Dec. 6, 2005, in the U.S. District Court for the District of Minnesota. The truckers? legal challenge was presented in court by OOIDA?s legal counsel, The Cullen Law Firm, Washington, DC.

In 2007, the court dismissed the claim for an award of money. However, the court granted class treatment status for the claim seeking to enjoin Supervalu?s conduct. The claim for an injunction was settled in May 2009 by Supervalu agreeing to an order foreclosing it from requiring proof of insurance coverage greater than that required by federal law.  

OOIDA Attorney Randall Herrick-Stare of The Cullen Law Firm said this week that the case currently sits with the panel of judges whose task it is to draft an opinion.

Related article:

Johnston: OOIDA in the courts

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