A Marion Superior Court ruled that Celadon Trucking Services, Inc. must respond in court to a class action lawsuit seeking the return of millions of dollars in improper withholdings from the compensation of independent owner-operator drivers of long-haul trucks. The lawsuit, filed last October by Indianapolis law firm Cohen & Malad, LLP, is requesting that Celadon return the improper compensation withholdings to the drivers. On March 11, the Marion Superior Court denied Celadon’s motion for judgment on the pleadings, meaning that Celadon must face the claims raised by the lawsuit and proceed with producing evidence.
The class action lawsuit alleges that Celadon breached its Lease Agreement with the drivers by deducting from the drivers’ compensation more in fuel charges than Celadon paid to Pilot Flying J for those fuel charges because, unbeknownst to the drivers, Celadon had a deal with Pilot Flying J that Celadon would only pay a lower “discount price” for fuel purchased by the drivers. The lawsuit also alleges that despite only paying Pilot Flying J the lower discount price for the fuel, Celadon withheld from the drivers’ compensation the higher price “pump price” of the fuel.