Man, OOIDA must really hate it when trucking companies mismanage their drivers’ escrow accounts. Their Battle Royale with C.R. England over their lease program ended in a win, and it looks like OOIDA has been fighting in multiple rings at once using almost the exact same punches.
On March 27th, in the case of OOIDA v. Comercia Bank, the Ohio federal court amended OOIDA’s judgment against Comercia Bank to include $2,647,330.62 in prejudgment interest, bringing the total judgment amount to $8,230,414.62.
The suit was first filed against Arctic Express in 1997 on behalf of around 1,600 drivers who alleged that Arctic had illegally held on to the money in their escrow accounts even after they had left the company. Unfortunately for the drivers, when a judge sided with OOIDA, Arctic declared bankruptcy, and – poof! – no more lawsuit.
It was during the bankruptcy proceedings however that OOIDA learned that Comercia Bank had been using the escrow money to pay down Arctic’s outstanding loans. Since the escrow money did not in fact belong to Arctic, but rather to the drivers, OOIDA asserted in 2004 that it could not be used in that way.
Turns out: They were right.
According to OOIDA President Jim Johnston, the result of the case is exactly what the Association is there for.
“We are here to serve the interests of our members” said Johnston. “No matter how long it takes, we will keep fighting until the final word is in. The final word here proves the fight has been worth it.”
The fight may have been worth it, but it took a very, very long time. It took around 7 years for the ruling against Arctic Express, then the case with Comercia lasted until March of 2012, and finally OOIDA went back for second round against Comercia, demanding the $2.6 million in interest. All told, the whole ordeal lasted about 15 years. And it’s not over yet.
Next, OOIDA is planning trying to get reimbursed for their attorney fees.
“Hopefully, we will be able to recover most of the attorney fees we spent over the 15 years that we fought it,” said Johnston. “Our attorneys deserve it. They worked hard for us.”
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Source: landline
Good job guys!!!!
Great job!! Thanks for “staying in the fight!”
This fight and victory is precedent setting. I just worked for a Bosnian guy for 4 months who tried to force me run illegally, was a thief (I was supposed to get 50% of 32cpm… but I drove 65% of the miles…) and after Christmas break before I was supposed to come back to work, he answered the phone when my bank called my work number. He told them he was me, gave them my social security number, my date of birth and discussed with them my personal banking information. He fired me when he found out that I knew he did this. He also took a $200 escrow per check from me. I guarantee I will not see this money since he claims I broke his already malfunctioning GPS. I do think he will be in prison after I go to the FBI with his actions against me with my bank. I am also missing my birth certificate, my checkbook and a check from the new account that I had to get in order for
Aren’t there any honest companies out there to work for?
Yes. I work for a very honest company. Tranzit Logistics.
good job guys