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

Updated Aug 29, 2013

pilotWith civil lawsuits continuing to pile up in the wake of federal allegations concerning Pilot Flying J’s fuel rebate program, questions have been raised about the proposed settlement of a class action filed in Arkansas.

According to a story published by The Tennessean, the man who formed a corporation seeking to settle multiple suits against the truck stop giant is also a trucking association executive who counts Pilot among his dues-paying members.

Records show that within days of the FBI raid on Pilot’s Knoxille, Tenn., headquarters, Lane Kidd, who heads the Arkansas Trucking Association, formed National Trucking Financial Reclamation Services LLC. National Trucking then filed the class-action suit that led to the proposed settlement.

The connection is a little too cozy for some trucking companies, who argue in court filings that Kidd’s firm is a “shell” company, “hastily conjured in Arkansas” for resolving the civil cases against Pilot.

Drew McElroy, the attorney for Atlantic Coast Carriers and three other trucking firms, charged that National Trucking shouldn’t qualify to be part of the class action, The Tennessean reported.

“National Trucking is not a trucking company and has never bought a gallon of fuel from Pilot,” the motion states.

Find Kidd’s response and further analysis in this story via Overdrive sister publication CCJ.

For all past reporting on the Pilot affair, follow this link.