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New Jersey court approves $1 million settlement in OOIDA suit against Gilbert Express

Aug. 28, 2002, Grain Valley, MO ---- The Owner-Operator Independent Drivers Association (OOIDA) announced today the United States Bankruptcy Court for the District of New Jersey has approved a $1 million class action settlement of their long-standing dispute with Gilbert Express, Inc.

In October 2000, OOIDA filed a class action lawsuit in federal court against the Linden, NJ, motor carrier on behalf of individual owner-operators. The association alleged that Gilbert had engaged in a long-term, systematic practice of unlawfully violating the federal truth-in-leasing regulations and defrauding their owner-operators. The lawsuit was similar to those brought by OOIDA against other trucking companies nationwide.

The terms of the settlement include the payment from Gilbert Express in the sum of $1 million into a settlement fund. The settlement covers all owner-operators who leased equipment and services to Gilbert Express during the period of October 1996 through June 2001 -- approximately 1,100 drivers. Gilbert is also required under the settlement to comply with federal regulations by using the form of agreement Gilbert negotiated with OOIDA. In addition, current drivers with Gilbert Express will have their escrows guaranteed by other companies associated with Gilbert for a period of three years.

Owner-operator class members will receive settlement awards based upon their total known gross line-haul revenue during the class period as a percentage of the total known gross line-haul revenues for the entire class.

Commenting on the settlement, OOIDA President Jim Johnston said: "I am gratified that after two years of litigation, owner-operators will finally be compensated for the harm caused to them by Gilbert's conduct."

Looking at the larger picture, Johnston stated: "Allowing illegal business practices by motor carriers to continue without challenge damages the entire trucking industry. Our determination in pursuing legal action against carriers that violate the federal regs goes far beyond simply seeking relief for a few individual truckers leased to them. It is our goal to promote and ensure greater compliance with the regulations by a greater number of carriers and end abuses that are taking place."

Johnston added, "As this settlement has also demonstrated, OOIDA will not let a motor carrier escape its legal responsibilities to its owner-operators by filing bankruptcy."

The lawsuit alleged that Gilbert unlawfully retained owner-operator escrow funds and overcharged owner-operators for everything from insurance policies to communications equipment. A class was certified by the federal court in Newark, NJ, in February of 2001. In June 2001, Gilbert Express sought bankruptcy protection in the bankruptcy court in Trenton, NJ, citing the costs and uncertainty related to the litigation as a principal reason for its filing.

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