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Truck owner-operator fee dispute stays in federal court

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A lawsuit claiming that hundreds of tractor-trailer owner-operators may be owed damages of more than $5 million will remain in federal court, the 7th Circuit Court of Appeals ruled Friday.

Jurisdiction in the U.S. District Court, Southern District of Indiana is proper, the 7th Circuit ruled in affirming Judge Tanya Walton Pratt’s denial of a motion to remand to the state court Hubert E. Walker, on behalf of himself and all others similarly situated v. Trailer Transit, Inc., 13-8015. The suit claims drivers are contractually owed 71 percent of certain fees that Trailer Transit charged to shipping customers when it leased big rigs of independent owner-operators.  

Walker appealed removal of the class action from the state court and filing in the federal court, arguing it was untimely. The district court denied the motion, and the 7th Circuit agreed. It held that Walker never provided an unambiguous notice to Trailer Transit that the amount in controversy could be greater than the $5 million threshold for federal class claims.

“So the removal clock never actually started to run,” Circuit Judge Diane Sykes wrote for the panel.   
 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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