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Attorneys for North Carolina-based Jerry Floyd filed the lawsuit in federal court on May 17 in Pensacola, Fla., where it is seeking class-action status like many of the suits filed since mid-April, according to Truckinginfo.com. The lawsuit was filed in Florida because that is where Floyd does much of his business.
Floyd's suit is the first by an owner-operator; all the other lawsuits have been filed by carriers. The latest legal action claims breach of contract, fraud and fraudulent concealment. It does not include a dollar amount but does claim that hundreds, if not thousands, of potential customers are eligible to join the litigation, the report said.
Locally-based Pilot Flying J's legal woes stem from the April 15 raid of its headquarters by the FBI and Internal Revenue Service, as CSNews Online previously reported. In an address to the trucking industry at a seminar held last week by Scopelitis, Garvin, Light, Hanson & Feary, Pilot Flying J CEO Jimmy Haslam said he didn't know of any inconsistencies in the company's rebate program.
Haslam explained that a review underway by auditors shows that approximately 250 trucking companies out of 400 were on a "manual" fuel rebate program and hence may have problems with their rebates.
Pilot Flying J serves approximately 5,000 customers and operates more than 650 retail locations. It is the largest operator of travel centers and travel plazas in North America.