One of a handful of the remaining civil suits against Pilot Flying J has been voluntarily dismissed by a federal judge in Kentucky.
The dismissal order was issued Wednesday after lawyers for the trucking company, Triple D Supply, requested the action. The national truck stop firm still faces five other suits brought by truckers who claim they were cheated out of promised rebates.
Lawyers for Triple D, a New Mexico based firm, did not respond to a request for comment.
At one point Knoxville based Pilot was facing dozens of similar suits, but many were resolved in an $85 million class action settlement approved in federal court in Arkansas last November.
Pilot's lawyers recently joined with the company CEO James Haslam in asking that the remaining civil suits be dismissed.
The motions are due to be heard in a November hearing before U.S. District Judge Amul Thapar.
Pilot also has reached a $92 million settlement with the federal government over the rebate skimming charges and 10 of its former executives have entered guilty pleas and await sentencing on mail and wire fraud charges.
The civil suits followed an April 15, 2013 raid on Pilot's headquarters by the FBI and IRS.
Wednesday, September 24, 2014
Monday, September 15, 2014
Haslam Seeks Dismissal in Rebate Suit
By Walter F. Roche Jr.
Lawyers for Pilot Flying J's top executive, James A. Haslam, are asking a federal judge in Kentucky to dismiss charges leveled against him in a rebate shaving scheme that already has cost his company more than $175 million.
In a motion filed Monday in U.S. District Court, Haslam's attorneys said the charges should be dismissed because the complaint filed by National Retail Transportation fails to include any details of Haslam's alleged involvement.
The action comes in one of the handful of civil suits against Pilot stemming from the allegations in an FBI affidavit which detailed a widespread scheme among Pilot sales executives to cheat truckers out of promised rebates. Ten former Pilot sales staffers already have entered guilty pleas to mail and wire fraud charges.
"The complaint makes no mention of Haslam beyond the implicit conclusion of Haslam in the collective reference to 'defendants,'" the motion states.
Haslam's lawyers, from the law firm of O'Melveny and Myers, said in the filing that they were also joining in a companion dismissal motion filed by Pilot itself. Pilot's motion and a 50-page memorandum seeks dismissal of all the pending claims.
"Plaintiff makes no allegation that Haslam interacted or had any communication with plaintiff's," the brief states.
In addition to National Retail Transportation, plaintiffs in the suit include Keystone Freight.
James A. Haslam is the brother of William Haslam, the Tennessee governor and a former Pilot executive.
Several other suits against Pilot were settled in a class action case filed last year in federal court in Arkansas. Pilot agreed to pay some $85 million to settle those suits. Recently it reached an agreement to pay $92 million to settle charges with the federal government.
In related action, lawyers for National Retail Monday voluntarily dismissed as defendants in the case six of the former Pilot executives who have entered guilty pleas.
Lawyers for Pilot Flying J's top executive, James A. Haslam, are asking a federal judge in Kentucky to dismiss charges leveled against him in a rebate shaving scheme that already has cost his company more than $175 million.
In a motion filed Monday in U.S. District Court, Haslam's attorneys said the charges should be dismissed because the complaint filed by National Retail Transportation fails to include any details of Haslam's alleged involvement.
The action comes in one of the handful of civil suits against Pilot stemming from the allegations in an FBI affidavit which detailed a widespread scheme among Pilot sales executives to cheat truckers out of promised rebates. Ten former Pilot sales staffers already have entered guilty pleas to mail and wire fraud charges.
"The complaint makes no mention of Haslam beyond the implicit conclusion of Haslam in the collective reference to 'defendants,'" the motion states.
Haslam's lawyers, from the law firm of O'Melveny and Myers, said in the filing that they were also joining in a companion dismissal motion filed by Pilot itself. Pilot's motion and a 50-page memorandum seeks dismissal of all the pending claims.
"Plaintiff makes no allegation that Haslam interacted or had any communication with plaintiff's," the brief states.
In addition to National Retail Transportation, plaintiffs in the suit include Keystone Freight.
James A. Haslam is the brother of William Haslam, the Tennessee governor and a former Pilot executive.
Several other suits against Pilot were settled in a class action case filed last year in federal court in Arkansas. Pilot agreed to pay some $85 million to settle those suits. Recently it reached an agreement to pay $92 million to settle charges with the federal government.
In related action, lawyers for National Retail Monday voluntarily dismissed as defendants in the case six of the former Pilot executives who have entered guilty pleas.
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