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 OOIDA SLAMS CR ENGLAND!

Trucking Fool

OOIDA SLAMS CR ENGLAND!
Posted: Tue May 24, 2005 9:14:18 AM

It's about time the courts started seeing things in favor of truck
drivers.


http://groups-beta.google.com/­group/CR-England-Sucks


SPECIAL REPORT: Federal judge rules against C.R. England in OOIDA case


A federal judge in Utah has denied C.R. England's attempt to refer
claims brought by OOIDA and several C.R. England drivers to
arbitration, and has granted OOIDA's motion for summary judgment on
those issues.


In his ruling, U.S. District Judge Ted Stewart found that the company's
independent contractor operating agreement is "unconscionable." The
judge ruled that the operating agreements are so one-sided as to
unfairly surprise an innocent party. He found that there is an overall
imbalance in favor of C.R. England and against the drivers in the
rights and obligations of the parties under the agreements.


In particular, the judge noted that during any dispute between C.R.
England and a driver, the company has control over the driver's money.
The agreements allow C.R. England to choose whether to go to court or
to bring a claim in arbitration. Also, C.R. England has the right to
sell its claims to a collection agency and avoid the cost of either
arbitration or a lawsuit.


In contrast, the agreements give drivers only one option - an expensive
arbitration proceeding. In his own words, the judge was "stunned" by
the fact that C.R. England would insist that the agreements require all
disputes with drivers to be submitted to arbitration, yet "not a single
one of its 2,591 claims under the operating agreements" was actually
sent to arbitration.


The judge also based his decision on several other grounds. He ruled
that owner-operators are exempt from arbitration under the Federal
Arbitration Act, because they are "workers actually engaged in the
movement of goods in interstate commerce." In making this finding, the
judge relied on another OOIDA litigation that came to the same
conclusion - OOIDA v. Landstar - which is in federal court in Florida.


The Utah judge additionally found that the fact that drivers would be
required to pay half the costs of an arbitration proceeding - which can
be many thousands of dollars - in and of itself made arbitration an
"inaccessible forum" for drivers to resolve their rights under the
federal truth-in-leasing regulations.


The ruling was not limited to the arbitration issues. The Utah court
became yet another court to find that owner-operators have a private
right of action to go directly to court to enforce their rights under
the truth-in-leasing regulations. Drivers do not have to go first to
the FMCSA before they can sue in federal court.


Citing three previous OOIDA cases, Judge Stewart also confirmed that
the statute of limitations on claims under the truth-in-leasing
regulations is four years, not two years. In making that ruling, the
judge relied on findings in OOIDA v. Ledar, filed in Missouri, OOIDA v.
Heartland, filed in Iowa, and OOIDA v. Bulkmatic, filed in Illinois.


It Doesn't Matter If You Read The Lease Or Not; It matters That You
Signed It In The First Place....!
DON'T WORK FOR C.R. ENGLAND!


rryanaries@yahoo.com
Joined: 4/19/2006
Location: Tacoma, WA
Posts: 22

  

RE:OOIDA SLAMS CR ENGLAND!
Posted: Wed Apr 19, 2006 3:52:56 PM

  

CR England  Is a careless Corporation  Careless To Drivers  Robert

                                                                                                

rryanaries@yahoo.com
Joined: 4/19/2006
Location: Tacoma, WA
Posts: 22

    

RE:OOIDA SLAMS CR ENGLAND!
Posted: Sat May 20, 2006 11:48:56 AM

    

 IITs about ..time the law took a' look at ' This Corporate Giant  ..

     CR England has caused many hardships for many Good Drivers

    And Treated Students like Trash..No Good Reason For This!

  IM dam glad this has taken Place The England Family Needs To Sell The Company !

 Robert..

 

rryanaries@yahoo.com
Joined: 4/19/2006
Location: Tacoma, WA
Posts: 22

      

RE:OOIDA SLAMS CR ENGLAND!
Posted: Sat May 20, 2006 11:52:12 AM

      

     This is just ..one step! in CLEANING UP ! The CR ENGLAND JOKE!

    Robert   Let  The Courts  Do More....YEA

lwoltz@msn.com
Joined: 11/14/2006
Location: West Jordan, UT
Posts: 1

        

RE:OOIDA SLAMS CR ENGLAND!
Posted: Tue Nov 14, 2006 5:14:51 PM

        

The CR England Joke....

What do you get when you lease a truck from a company who is supposed to be family oriented? A mark on your record.

Let's get down to the nitty gritty. When you lease from CR England's genious' Legrand, Gary, or Corey... Remember they are there to sell you a line of crap! You first have to go on a mission:

1. Find the truck

2. Check the truck out, CAREFULLY not driving over 10 mph in the yard because you can't take it outside the gate to test drive.

3. See that you get the "contract" signed

4. Make sure the truck has been repaired if you sent it to get repairs.

5. Make sure the mechanics checked your truck out thoroughly, ESPECIALLY if your a woman. Trust me.... I KNOW!!!

6. When you do get your truck "fixed" make sure when you get above 60 mph, check the truck again. There is probably something wrong with it.

7. When calling road service for repairs, don't let them tell you, "You can make it back here to the yard to get the truck fixed". That is TOTALLY BS!!!

8. If you are a female, don't let your dispatcher tell you (if your truck is acting up or breaking down) that you have to take the load because there is no one else to take it. REFUSE THE DAMN LOAD and get your truck fixed. You don't work for him, he/she works for you.

9. If you are female ask loads and loads of senario's. For example... If your truck repeatedly breaks down in the middle of no where, should you get out and open the hood to tell whom ever you are talking to what's wrong. STAY INSIDE YOUR TRUCK. Why don't you ask them if they have ever had a woman get assaulted/raped while your in the process. If they tell you no, that's BS!

10. Just don't lease a truck that is from CR England. They'll tell you about the benefits, but they don't tell you that every repair you have done on the road, you pay for until you can get back to the SLC yard to get the record straight. Oh yes. When you are at the end of your lease, expect to be paying $5,000.00 plus for cleaning and repairs. I know, I got the bill to prove it. CR England makes their lease look like a dream. DO think about their dream of getting all of your money. I have plenty of drivers who can tell you all about CR England.



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