Court puts OOIDA's cross-border trucking lawsuit on fast track

By Jami Jones, senior editor | 9/12/2011

The lawsuit filed by the Owner-Operator Independent Drivers Association on July 8 seeking to stop the cross-border trucking program has been put on the judicial “fast track.”

The U.S. Court of Appeals for the DC Circuit denied a motion filed by OOIDA that sought an emergency injunction on the case, in an order filed Sept. 8. However, in the same order, the court placed the case on an “expedited” schedule.

“We’re a bit disappointed that they didn’t put in place the emergency injunction stopping the program where it’s at. But they did agree to an expedited hearing schedule, which should bring a quick resolution to the matter,” said OOIDA President Jim Johnston.

The schedule sets up filing of written arguments up through early December. Oral arguments will be scheduled after the initial round of filings.

A second lawsuit filed in early September by Public Citizen and the Teamsters will also be moving to the DC Circuit. The groups initially filed their challenge against the program in the U.S. Court of Appeals for the 9th Circuit.

The Department of Justice, which represents the Department of Transportation in the lawsuits, filed an unopposed motion to transfer Public Citizen’s case to the DC Circuit. The motion does not address combination of the two lawsuits. However, similar cases filed during the previous cross-border program were combined.

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