Eubanks v. Panther II Transportation Inc.

[Moot]

I received notice by mail this week that I am included in a class action lawsuit, Eubanks v. Panther II Transportation Inc. If you were leased to Panther as an O/O between December 13, 1996 and September 6, 2013, you may be eligible for a payment from this class action settlement.

http://www.transportsettlement.com/Documents/PTE0001/PTE_Second%20Amended%20Complaint.pdf

I am shocked and sadden by the allegations brought by Mr. Eubanks. I find it difficult to believe that my carrier, no, my PARTNER, would try and cheat me out of layover pay and mileage. Say it isn't so. Oh, woe is me! My trust and faith in my carrier has been decimated. How will I ever continue on? I guess $476.84 will help.

 

[Moot]

Complete link to court documents. PTE

 

[wvcourier]

I'm sure they're not the only one doing it

Sent from my SPH-L900 using EO Forums mobile app

 

[LDB]

I guess $476.84 will help.

That will probably help. And the $8342 the lawyers get for getting you your $476 will probably help them too.

 

[Moot]

I'm sure they're not the only one doing it

I'm sure you're right. The trucking industry is rife with carriers that illegally take advantage of O/Os.

That will probably help. And the $8342 the lawyers get for getting you your $476 will probably help them too.

The plaintiff's attorneys are getting 30% of the $2.5 million settlement, plus some extras. I really don't care if I only get the minimum $10. This law suit might teach these asswipes and the rest of the industry a lesson. Then again it might not.

 

[crich]

how come I only get $350

 

[zorry]

how come I only get $350

Cause you don't need the money ?

 

[moose]

If you were leased to Panther as an O/O between December 13, 1996 and September 6, 2013, you may be eligible for a payment from this class action settlement.

But,But,But... they where not PantherII till like 2006 or so...they where not publicly traded for the most time either, heck they had like 19 different contract along that time period...heck they had one for orientation and one to sign once you finished the cla$${like most}...they{like most}had like 13 FSC formula's to choose from. while the PPM might hold on a per case- a class action for FSC is long way out. happy fishing Mr. Greedy Layer....heck...like...

 

[Moot]

how come I only get $350

My guess is that individual payouts are based on a formula that takes into account number of paid miles and contracted rate per mile. Everyone's cut of whatever is left of the $2.5 million will vary.

 

[zorry]

Moot's answer is what the settlement said.
It's funny to me that they admit no wrong doing. I know that's standard procedure.
How can you say We don't admit to doing anything wrong, but we know there's a good chance if we go to trail we'll lose more than 5 million ?
$2.5 million to make it go away. Appears guilty to me.
And billing practical, paying HMG seems so planned, it's immoral.

I liked Trailer Transit's policy of giving a copy of the freight bill. Only a few items , confidential acct number's , etc, were blacked out.

It's amazing that there could be six or seven charges on a simple trailer move.

 

[davekc]

Moot's answer is what the settlement said.
It's funny to me that they admit no wrong doing. I know that's standard procedure.
How can you say We don't admit to doing anything wrong, but we know there's a good chance if we go to trail we'll lose more than 5 million ?
$2.5 million to make it go away. Appears guilty to me.
And billing practical, paying HMG seems so planned, it's immoral.

I liked Trailer Transit's policy of giving a copy of the freight bill. Only a few items , confidential acct number's , etc, were blacked out.

It's amazing that there could be six or seven charges on a simple trailer move.

Welcome to expediting.

 

[zorry]

Unfortunately, it's in all phases of trucking.
It's in all sorts of business.
Maybe since we've decided it's OK to lie.
Can't go much deeper, without moving to Soapbox.

And before someone jumps me, I'm not niave enough to think I ever worked for a carrier, any carrier, that was 100% honest all the time.

 

[davekc]

Unfortunately, it's in all phases of trucking.
It's in all sorts of business.
Maybe since we've decided it's OK to lie.
Can't go much deeper, without moving to Soapbox.

And before someone jumps me, I'm not niave enough to think I ever worked for a carrier, any carrier, that was 100% honest all the time.

Not even close. This stuff goes on all the time. It isn't a problem as long as you understand the game. For the ones that don't, well....you will get taken advantage of. That goes across a wide swath of carriers and brokers.

 

[cheri1122]

My guess is that individual payouts are based on a formula that takes into account number of paid miles and contracted rate per mile. Everyone's cut of whatever is left of the $2.5 million will vary.

You don't have to guess, the formula is specified: $10.00 to every class member, plus: the amount of the net settlement fund [what's left of the gross after paying Administrator's fees, taxes, an 'enhancement award' of $5000.00 to J Eubanks for being named plaintiff, attorney fees and expenses] multiplied by the individual member's total miles, then divided by total miles of all class members.
IOW: your share is whatever they say it is.
Just curious: have you noticed any difference in compensation since the lawsuit was filed and/or settled?

 

[davekc]

No real change. But....you do have to follow everything. The only change I have seen which we aren't a part of is the "structured FSC". Anything that has a "structured FSC" is a sign of holding some of it back. Doesn't mean the contractor wouldn't get some it, but it is instead labeled as "empty moves", "relocation fee" or anything else that they assign it.
Based on this, if there is a question, just request the bill to the shipper. Many customers now put it with the BOL.

 

[zorry]

A real legit company, since the Truth in Leasing went into effect, should include a copy of the actual freight bill.

TT's copy in your settlement is like the 4th copy if a 5 copy form.

That should have been included in the regs.

 

[RETIDEPXE]

To sign or not to sign. Are they going to black flag my truck if I decide to join in and maybe get the $1089 they say I would receive?? Hummm. My 1st thought is to throw it in the trash like all those stock trade class action suits involving insider trading, you might get $5.00 back, but $1089 is no chump change at my house.

 

[Moot]

The only change I have seen which we aren't a part of is the "structured FSC".

How could you afford to hold out? I watched most of my fsc drop to the structured rate or slightly below. Now I have to ask for a bonus to make up for lost fsc on short loads and loads going to the boonies.

 

[zorry]

I would think that'd put a hurt on operations if most sign.
And if they did, why would you want to stay there ?

 

[moose]

Well, if you take that money- just don't go over to the soap box shouting 'personal responsibility', or to the Tax table screaming 'IC vs Employee'. it is troubling some to see small business owners joining an compensation base class action.