Pilot sued again in non-class-action suit

| May 15, 2013

pilot flying jOn the heels of several other lawsuits — all class-action — Pilot Flying J has been sued yet again, this time by a carrier based in Gadsden, Ala. Osborn Transportation filed its suit in the Northern District of Alabama May 13, and the suit is filed solely on its behalf and is not a class-action claim.

Osborn Pilot suitThe lawsuit does not list a specific amount Osborn is seeking, but it does exceed $75,000, according to the lawsuit documents.

This suit and the others stem from federal allegations against the truck stop company and fuel provider that it defrauded trucking companies out of tens of millions of dollars over at least a seven-year period. The lawsuit says Pilot, its owners, executives and salespeople of “willfully devised and conspired to devise a scheme to defraud Pilot’s customer Osborn by deceptively reducing rebate amounts and deceptively changing agreed-upon diesel price discounts.”

The carrier is suing for breach of contract, conversion, unjust enrichment, promissory fraud, fraudulent misrepresentation, deceit and violation of the consumer protection laws and is seeking restitution, compensatory and punitive damages, an order for Pilot to stop engaging in such practices and attorney’s fees. Osborn is also seeking a jury trial.

Click here to see the lawsuit documents.

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  • gary d

    They need a new lawyer.. the documents are incomplete and having only one exhibit as evidence, a jury will be blind sided by a billion dollar corporate lawyer..i would ask pilot for an out of court settlement for triple the amount they actyual owe you asap before more lawyers are involved..

  • gary d

    they should site things like the Sherman Anti-Trust Act, or the Clayton Act and define them in their complaint supporting the facts of the case.

  • gary d

    Even the Robinson-Patman Act would be nice to see in the suit..i hope they win at least 3 million.

  • thomas Duncan

    Amazing that the Govt. with all it’s unconstitutional laws can defraud the trucking industry out of much more with never ending regulations and mandatory requirements that are based on just $$$$ from the start and no one even notices.there is so much focus on more trivial things that truckers are blind to other really major hits.

  • http://twitter.com/OTRDriver Patrick

    I love the “arm-chair” attorneys that are posting on this article.. kinda like “arm-chair” quarterbacking for a NFL game… you guys are a joke of the highest order..

  • witchywoman

    I have been watching this Flying J unfold and have to say WHO is really behind all this? Government seeing as Flying J has showed profits like they have or Flying J administration? Where was the trucking companies management in all this? You going to say duped out of Rebates, well it seems like the trucking companies accounting department is not doing their jobs or is it that someone who was getting a kick back got greedy?

  • vocalone

    How did he get a CDL -I wonder? Lacking comprehension skills and
    effective expressive and written communication skills. Some people may
    read something, miss the story point -interpretations, and express and
    communicate the story points in their own contorted view -their
    perspective of what the true problem is. There is a comparative
    difference between a square dot and a round dot -only this story was not
    about comparison. There is a saying “stick to the story,” make your
    point about the story. The government didn’t have a darn thing to do
    with PFJ, and it’s an insult for someone to make a disconnected
    comparative statement about the government screwing Carriers/OO/Drivers,
    so what’s the big deal about PFJ fraud. Instead of your discombobulated
    comment -you should just have written “neni-neni-boo-boo -you bought
    fuel from PFJ and I didn’t,” and everyone would have understood your
    insensitive point more clearly.