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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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