Owner-Operator Indep. Drivers Ass’n v. Mayflower Transit, LLC, 08-1673, involved a suit by owner-operators of leased trucks against a carrier pursuant to 49 U.S.C. section 14704(a)(2), claiming that a chargeback violates 49 C.F.R. section 376.12(i), which provides that the lessor is not required to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement.  The court remanded district court’s dismissal of some of the claims after concluding that the statute of limitations is two years as neither section 14704(a)(2) nor any other statute sets a period of limitations for suits on its authority.  However, the court affirmed the district court’s conclusion that a chargeback differs from a compulsory purchase of insurance on the merits.

Related Resources:

  • Full text of Owner-Operator Indep. Drivers Ass’n v. Mayflower Transit, LLC, 08-1673
  • Full text of Hale v. Chu, 09-3262

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