Rocor Wins Class Action Lawsuit

Sep 5, 2001 12:00 PM, Gary Macklin

US District Judge Tim Leonard ruled in favor of Rocor International in a class action lawsuit brought against the company by the Owner-Operator Independent Drivers Association and two independent contractors. After almost two years of litigation, the association and drivers agreed to dismiss all requests for monetary damages. The damage request was dismissed with prejudice, which means that it cannot be filed again with the court.

At trial, OOIDA and the two drivers asked only injunctive and declaratory relief, but failed to present any evidence to support the claim. The suit pivoted on a workers compensation claim by Gary Jones, one of the drivers. Rocor had paid the claim, but Jones sued to recover premiums paid to Rocor for workers compensation coverage. The only witness for OOIDA testified that he did not think he should have been required to have workers compensation coverage.

In the course of litigation, Judge Leonard found that Rocor had technically violated federal regulations, but refused to make the judgment final, because OOIDA failed to demonstrate entitlement to any relief. The court refused to certify the suit as a class action in July 2001, roughly one month prior to trial.

Rocor has said it will seek recovery of court costs and attorneys fees from OOIDA and the two drivers.









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