Thursday, February 26, 2015

Lawsuit Against Pilot Flying J Allowed to Continue

Earlier this month, U.S. District Judge Amul Thapar ruled, in a 77 page Order, that several trucking companies can proceed with claims they were cheated by Pilot Flying J truck-stop company owned by Cleveland Browns owner Jimmy Haslam and his brother Tennessee Governor Bill Haslam. What remains of the lawsuit are approximately two dozen counts by the trucking companies to proceed against Pilot. They include claims of breach of contract, fraud and negligent misrepresentation.
However, the ruling was not a total defeat for the defendant. Judge Thapar granted Pilot Flying J’s motion to dismiss several other counts against the gas station giant. He dismissed seven of 11 civil claims against Jimmy Haslam, the company's CEO, and allowed four others to go forward, including accusations of unjust enrichment and conspiracy to commit fraud.
National Retail Transportation and Keystone Freight were among several trucking companies that opted out of a settlement that resolved most of the lawsuits against Pilot. Previously, Pilot agreed to pay out nearly $85 million to 5,500 customers as part of the settlement. The remaining trucking companies claim they were cheated out of fuel rebates and discounts promised by Knoxville, Tennessee-based Pilot Flying J, the nation's largest diesel retailer with annual revenues of around $30 billion.
Ten former employees have pleaded guilty to some form of wire or mail fraud since federal agents raided Pilot's Tennessee headquarters in April 2013. Jimmy Haslam has not, as of yet, been charged with any crimes.
Along with the civil settlement, Pilot agreed to pay $92 million in fines and accept responsibility for the criminal conduct of its employees while the government agreed not to prosecute the company. The agreement required Pilot to comply with several conditions, including cooperation in the investigation of people who may have been involved in the fraud. It did not protect any individual at Pilot from prosecution.
The scheme, as detailed in some of my previous posts, involved sales team members reducing the amount of money that was due to trucking company customers they deemed too unsophisticated to notice. The scheme was widely known in the sales department, according to court documents, with supervisors teaching other employees how to do it.
Judge Thapar's Order said the trucking companies "state four facts that plausibly suggest that some of the individual defendants managed or knowingly carried out the fraudulent rebate-reduction scheme."
The plaintiffs first allege that in 2012, Haslam, Brian Mosher, Arnold Ralenkotter, Mark Hazelwood and John Freeman planned an annual meeting with breakout sessions for teaching other employees to reduce rebates without detection, the order says.
"Second, those individuals planned teaching sessions to train employees --or directly taught other employees -- how to participate in the rebate-reduction scheme and avoid detection," Thapur wrote.
"Third, (the trucking companies) specifically allege Mosher told others to reduce rebates manually, and that Hazelwood in turn instructed Mosher to do so. And finally, (the trucking companies) allege that Freeman hosted a meeting at his lake house to discuss how to perpetuate the fraudulent rebate scheme."
"Together, these facts at least plausibly suggest that Haslam, Mosher, Ralenkotter, Hazelwood, and Freeman 'adopt[ed] the goal of furthering or facilitating the criminal endeavor,'" Judge Thapar wrote.




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