Complex and Class Action Litigation

Federal and State Litigation

Since our founding, we have represented trade associations, small businesses, and individuals in complex and class action litigation in little-used or unsettled areas of the law.

Our litigation practice has resulted in substantial financial recoveries and long-lasting policy benefits for our clients. We have established court precedent that not only benefited our clients but that was later used by dozens of other law firms to benefit their own clients around the country.

We were the first firm to establish and use the private right of action created by Congress to enforce long-standing rules governing the contracts between motor carriers and owner-operator drivers.

With a streamlined staff and efficient processes, we offer top-notch representation at a value that larger firms cannot match.

Areas of litigation experience

• Business acquisitions

• Business partnership disputes

• Fourth Amendment privacy/search and seizures

• Intellectual property

• Non-compete agreements

• Private rights of action to enforce statutes and regulations

• Securities fraud

• State taxation and fees

• Trade secrets

• Transportation

Class action litigation experience

We have successfully challenged unconstitutional state enforcement activities, regulations and unreasonable taxes, tolls and fees imposed on businesses operating in interstate commerce.

Our litigation has recovered over $100 million in funds for our clients and achieved policy and legal changes at federal and state agencies.

• Owner-Operator Indep. Drivers Ass’n, et al v. NYS Dept of Taxation, et al, Index No.: 5551-13, (Albany County Supreme Ct. 2016) (class counsel in a successful challenge to state truck tax resulting in $32 million refunds).

• Trucking Ass’n, Inc. v. Kline, No. 07-14-1667-85MVT (N.J. Tax Ct., Nov. 22, 1989) (sub-class counsel).

• Trucking Ass’n, Inc., et al. v. Commw. of Pa., Nos. 315 C.D. 1982, 267 C.D. 1983, and 160 C.D. 1984 (Pa. Commw. Ct., Dec. 18, 1992) (sub-class counsel).

• Owner-Operator Indep. Drivers Ass’n v. Heartland Express, Inc. of Iowa, No. 3-01-80179 (S.D. Iowa January 23, 2003) (class counsel).

• In Re Intrenet, Owner-Operator Indep. Drivers Ass’n v. Huntington Nat’l Bank, 273 B.R. 153 (S.D. Ohio 2002) (class counsel) (Truth-in-Leasing regulations create a statutory trust over owner-operator escrow funds).

• Owner-Operators Indep. Drivers Ass’n v. Ledar Transp., No. 00-0258-CV-W-2-ECF (W.D. Mo. Mar 31, 2002) (class counsel).

• Owner-Operators Indep. Drivers Ass’n v. Arctic Express, Inc., No. C2:97-CV-00750 (S.D. Ohio, Sept. 6, 2001) (class counsel in a successful challenge under Truth-in-Leasing regulations resulting in $5.5 million judgment to class).

• Owner-Operators Indep. Drivers Ass’n v. Mayflower Transit, Inc., 204 F.R.D. 138 (S.D. Ind. 2001) (class counsel).

• Owner-Operator Indep. Drivers Ass’n v. State of N.H., Nos. 85-E-317 and 377 (Super. Ct.,Hillsborough Cty.) (Class counsel in a successful challenge to state truck tax resulting in $1.8 million refunds).

• Owner-Operators Indep. Drivers Ass’n v. Gilbert Express, Inc., No. 00-5163 (D.N.J. Feb. 14, 2001) (class counsel).

• Padtra v. Ledar Transp., Inc., No. 96-0324-CV-W-2 (W.D. Mo. 6, 1996) (class counsel).

• Owner-Operator Indep. Drivers Ass’n v. Sizemore, 671 So. 2d 674 (Ala. Civ. App. 1995), cert denied, 517 U.S. 112 (1996) (class counsel in the successful challenge to Alabama state truck tax resulting in $70 million in tax refunds).

• Trucking Ass’n, Inc. v. Kline, No. 07-14-1667-85MVT (N.J. Tax Ct., Nov. 22, 1989) (sub-class counsel).

• Private Truck Council of Am., Inc. v. State of N.J., No. L-85-1262 (N.J. Super. Jan. 20, 1989) (sub-class counsel).

• Trucking Ass’n, Inc., et al. v. Commw. of Pa., Nos. 315 C.D. 1982, 267 C.D. 1983, and 160 C.D. 1984 (Pa. Commw. Ct., Dec. 18, 1992) (sub-class counsel).