Pilot asks court to dismiss lawsuit due to lack of evidence

| October 31, 2013

pilotPilot Flying J has asked a federal court in Alabama to throw out a lawsuit filed by Wright Transportation in the alleged fuel rebate withholding scheme aftermath, due to the fact the company has not presented an actual claim against it, Pilot says, and relies solely on the affidavit used by the FBI to gain a search warrant to raid Pilot headquarters in April.

Wright has “failed to allege facts sufficient to state any cause of action against defendants,” Pilot’s motion reads, and “has failed to allege fraud with particularity as required under Rule 9(b) of the Federal Rules of Civil Procedure.”

Related

Some fleets question standing of ‘shell’ company formed to settle Pilot suits

Trucking companies unhappy with the Arkansas-based settlement allege too-close relationships between Pilot and the company established as a go-between for litigants.

Pilot settled class action lawsuits against it in federal court in Arkansas in August, when it agreed to pay all affected members of the class what they were owed, along with 6 percent interest and court costs.

Members of the class had until Oct. 15 to opt out, and about 150 carriers did, due to various reasons.

In August, after the Arkansas’ court ruling, a judge in Maine rejected the consolidation of several other cases made against Pilot and deferred to the already agreed upon settlement.

Questions did arise, however, about the settlement, over an alleged “shell” company: The National Trucking Financial Reclamation Services company — set up after the April 15 raid of Pilot by Arkansas Trucking Association head Lane Kidd.

The company is not a trucking company, some plaintiffs say, and was created to allow Pilot a quick and cheap way out of the lawsuits.

Wright is one of the company’s who presented an objection to the suit based on the “shell” company accusations.

However, as noted above, Pilot claims in the motion for dismissal Wright’s lawsuit has no backing.

  • John

    I have to agree that Lane Kidd appears to have set up a “shell” company, especially since he will not divulge the names of the trucking companies included. That’s just way too suspecious. But for a company (Wright) to come along and try to use the FBI documents to try to get a settlement, is just as wrong. If they could prove a shortage, they would.

  • guest

    Haslam is a CROOK..plain and simple and by NOW..obvious to every trucker in AMERICA. He should be Imprisoned NOW. He should serve out the rest of his days at hard labor to serve as an example..to others who CHEAT truckers.
    He is a Worthless P.O.S. anyone who knows him would agree…he is a BUM and a Lying cheating thieving jack ass.
    The ignorant “lawsuits” wont effect him in the least..when does he go to JAIL is the real question?????????