Drivers, OOIDA get $3M settlement in class-action suit against C.R. England

| July 25, 2014

2aA federal court has approved a $3 million class action settlement over truth-in-leasing regulations in favor of the Owner-Operator Independent Drivers Association against C.R. England Inc.

The U.S. 10th Circuit Court of Appeals’ June 19 final order ended a dozen years of litigation on behalf of owner-operators who leased equipment and provided service to England 1998-2006. The Salt Lake based company had no immediate comment on the settlement.

The settlement covers approximately 7,000 drivers who signed a lease agreement with the carrier between 1998-2006.  Class members who signed the version in effect until 2002, which was determined to be out of compliance, will receive more compensation than members who signed the revised lease implemented by C.R. England in 2002 — and currently in effect — because the court determined that the revised lease complied with the regulations.

In June 2002, two owner-operators and OOIDA filed suit against England. That summer, the company implemented a revised independent contractor operating agreement.

Related

C.R. England appeals $1.3 million judgement to OOIDA

C.R. England is appealing a federal court’s final judgment favoring the Owner-Operator Independent Drivers Association in its 11-year-old class-action suit.

In 2007, the court ruled the original agreement violated leasing regulations, but damages had not been proven on charge-back and forced purchase claims. However, the amended agreement was compliant with law, it stated.

Still, the court agreed England had violated the escrow provisions of leasing regulations and ordered an accounting audit. When that was concluded, it awarded judgment for the plaintiffs, but both sides appealed.

Last month’s final order pays $1 million in class counsel attorney fees and reimburses an additional $190,164 in attorney expenses. The two owner-operators named in the suit will receive $15,000 each.

The remaining class action members will receive awards based on which of three categories they fall under. The first is the 781 members who entered the original agreement and were awarded monies pursuant to the judgment entered by the court. The second are those who had that agreement but were not awarded under that judgment. The third is class members who entered only into the revised agreement with England during this time.

  • centerlaneshow

    sounds to me like the Attorney’s made out like a bandit

  • MillionsOfMiles

    Hmmm…OOIDA settled for $3 million with lawyers getting $1.2 million? Not the big bucks they communicated in their own articles in the past that also claimed the judge was charging England 18% int. on the unreturned escrow funds…something changed that caused a cheap settlement (the class is over 7,000 o-o’s according to other articles so everyone gets a couple of hundred bucks – not even a return of their escrows! Big deal.) Sounds like a sell-out to me.

  • Mind Games

    The lawyer has a lot of work to sift through give the guy a break. How many other lawyers would have taken the case? Not many. However how much did OOIDA get if any? Hummm….

  • Shoog

    The rich get richer and 2 drivers get 15 grand… God, I love Amerika

  • JJMcClure

    driving was never meant to make you rich fool

  • Jim Kennedy

    Lawyers fees $190,164
    Class Counsel Attourney Fees $1 Million
    2 Independent Truckers Charges @ $15,000
    Length of time to collect truckers charges 12 years
    Priceless !!!!

    Company wins and truckers lose again! Shameful.

  • Michael Kay

    Only the lawyers do well in class action law suits. Its more about the statement than the damages. I got $.43 from AT&T once.

  • aaronmutulo

    It used too… attitudes like this is are why we don’t anymore. You need to fight for your worth . If indeed you are worth a shit

  • Tyler Blinn

    Yep used to make really good money out here. Now we have to run twice as hard to make less. Used to have fun at it too. Gotta love the steering wheel holder schools. England had all their money set aside when the lawsuit started sat there and collected interest for 12 years. Who won this in the end?

  • Alan Sondles

    You drivers cry about this , you cry about that, but you do nothing. when you wise up and shut those trucks down, in a few days you’d make such an impact on the economy that someone might actually listen to you. Till then you look like a sniveling child. But maybe the government will do that for you too. With all the changes in HOS and trucking laws, they wonder why there is a driver shortage that is growing in alarming rates? Maybe you can hold your breath till they have such a shortage that some impact might force them to change the rules in favor of the drivers. 27 years over the road and hanged up my CDL this year, not because my health or physical shape prevented me to, It was a decision because you drivers will never stick together to make this job what it once was, you’d rather let the government dictate to you what you can and can’t do and you smile about it.

  • kyle

    Well said…Everyone wants to complain, but refuses to step up to the plate. I had a suit regarding safety, and all the other drivers didn’t want to get involved. In the end, I was compensated for the violation, but the objective was never obtained. Why?? Drivers didn’t stick together to make a difference. And, we had all the ammunition to make a difference. Sad!

  • James Toller

    I agree with you entirely shut up and put up or shut down and bring down the laws truckers united will cause enough trouble to tell the government no more we want laws that help us not bring us down

  • Michael

    Did the drivers get a reach around,
    Damn somebody got fucked on that deal.

  • JohnQP

    Family farmers bitched about the regulations and the big businesses taking over the agriculture industry 30 years ago. But nobody had the balls to go out and burn their crops and dump their milk to show they were serious. Now the only people making decent $ in ag are corporations and hugely wealthy families. Everyone else would go out of buisness if the banks stopped loaning them $.

  • MovingForwardMaine

    This $3M settlement is nothing that the England family can’t swallow and keep doing business the same way they’ve been doing it for years. In reality, if we have any chance to see them stop being such a lousy company, they need to be hit with at least a $100M (+) suit that will shut-them-down for good. Until that happens, I just hope new drivers will stay as far away from this company as they possibly can… else, they will likely become yet another victim of CRE.

  • ironage

    The only thing that is going to stop a company as corrupt as England is a lack of drivers signing on with them. Just don’t drive for companies like this.

  • Deacon

    $100mil is nothing to companies as big as England. In 2003 they had a gross profit of over $400mil. Just think what they are making now.

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