The small Atlanta, Georgia carrier that filed the first civil suit against Pilot Flying J is now requesting a restraining order against Pilot Flying J and its CEO Jimmy Haslam.
Lawyers for Atlantic Coast Carriers of Hazlehurst, Georgia filed a request for a temporary restraining order against the company on April 25, 2013, after being contacted by Haslam in an attempt to reach a settlement and avoid litigation. The restraining order seeks to prevent Haslam from contacting trucking companies until the investigation is complete.
The request states that Haslam’s recent press release statements indicate that Haslam is, “contacting potential class members, obtaining releases and settling claims before the potential class members even know the full extent of their claims,” which constitutes as “an improper attempt to coerce parties and witnesses under Tennessee law.“
The request goes on to state that the issue of Haslam contacting carriers that may be involved is that “by obtaining releases in such a hurried fashion, [Pilot Flying J] is inducing potential class members to wave important rights before they obtain proper legal advice or know the full extent of any damages they have.”
In other words, if carriers agree to settle with Pilot Flying J, they are essentially signing away their rights in the case and may not be eligible to seek litigation if it is revealed that Pilot Flying J owes the carrier more than the agreed upon repayment amount.
Atlantic Coast Carriers’ attorney Mark Tate calls Pilot Flying J’s attempts to settle with carriers, “a public relations stunt by a company that got its hand caught int he cookie jar.”
Attorneys for Pilot Flying J disagree. They say Haslam’s attempts to settle with trucking companies is not an attempt to avoid litigation but an attempt to right a wrong his company has done.
Haslam’s attorney Aubrey Harwell Jr. calls the restraining order “absolutely outrageous,” saying Haslam is simply “trying to pay money it owes.”
This week, Haslam released a statement saying he and his company were taking steps to “address the issues,” saying, “… If we find an underpayment, we will encourage the affected customer to review our finding, test with their own audit if they like, and if we owe them money, we will write them a check immediately.”
According to Cleveland.com, other trucking companies have been contacted Haslam in an attempt to settle out of court.
Sources: Cleveland.com
The Plain Dealer