Judge grants class certification in driver lawsuit

T.J. England, the chief legal officer for Salt Lake City-based trucking carrier C.R. England, said it intends to immediately appeal the decision.    A U.S. District Court judge in Utah has certified a class action lawsuit by drivers against the trucking company C.R. England and its related companies – Opportunity Leasing Inc., and Horizon Truck Sales and Leasing. The drivers alleged fraud and other statutory claims.
   Kravit, Hovel, and Krawczyk, a law firm representing the plaintiffs in the lawsuit, said the number of drivers in the class “could exceed 14,708 drivers.”
   T.J. England, the chief legal officer for C.R. England, said the firm was “deeply disappointed by the ruling on this matter. We vigorously dispute the allegations made in this case and disagree with the court’s decision to certify a class. We intend to immediately appeal the decision and to continue to fight these unfounded claims as long as is necessary.”
   In his memorandum decision and order, Judge Robert J. Shelby wrote the suit was initiated by drivers once associated with C.R. England, Inc. who brought suit against the trucking company and Opportunity Leasing, claiming they “developed a fraudulent plan to induce thousands of people to enroll in England’s driver training schools by promising students the choice of eventual employment as a company driver or the ability to earn a desirable income driving as an independent contractor.
   “Plaintiffs contend that in reality, company driver positions were largely unavailable, and students in the driver training schools were subjected to a misinformation campaign to convince them to lease trucks from the defendants and become independent contractor drivers affiliated with England,” the decision said. After investing money to lease trucks, some drivers said “they could not earn a living as they had been led to believe, and were left debt-ridden.”
   The judge said England and its affiliates “acknowledge the hardship accompanying the life of a long-haul trucker, but vigorously deny plaintiffs’ allegations.”
   England and the other defendants had opposed class certification, and moved summary judgment. Judge Shelby denied the motion for summary judgment, and granted in part and denied in part the plaintiffs’ motion for class certification.