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4 Points Press Release
Friday the 13th of July, 2007

 
Federal Court of the Middle District of Florida ruled in 4 Points Logistics, L.L.C., favor on all counts

On Friday the 13th of July, 2007, the Federal Court of the Middle District of Florida ruled in 4 Points Logistics, L.L.C., favor on all counts.  The Court’s ruling clearly vindicates 4 Points Logistics, L.L.C., and disposes of all claims against 4 Points Logistics, L.L.C.  4 Points Logistics, L.L.C. is proud of all of its employees who remained and assisted in successfully defending the claims brought against it.  Although defending this litigation was expensive and time consuming, 4 Points Logistics, L.L.C. is very satisfied that the Court disposed of the entire case without even needing to hold a trial.  4 Points Logistics, L.L.C., acted legally and appropriately at all times and at all levels during the Katrina Disaster and looks forward to serving its country and it customers should another disaster strike

DEREK A. SCHROTH
dschroth@brslegal.com
BOWEN RADSON SCHROTH, P.A.
600 Jennings Ave.
Eustis, Florida 32726
Telephone: (352) 589-1414
Facsimile: (352) 589-1726
Florida Bar No. 0352070
Web Site: www.brslegal.com
Document
Court has ruling on 4 Points' Motion for Summary Judgment

Court Rules in Favor of 4 Points Logistics in Breach of Federal Regulations Lawsuit

 



NEWS RELEASE  
For Immediate Release  
July 18, 2007   
            
                    

Alexandria, VA – The U.S. District Court in central Florida has ruled that 4 Points Logistics, LLC, did not renege on Hurricane Katrina relief contracts when it refused to pay up to 24 hours of detention to truckers who delivered water and ice to Hurricane Katrina victims.  The lawsuit, which was brought by the Owner-Operator Independent Drivers Association, Inc. (OOIDA) and also named Lipsey Mountain Spring Water, was seeking more than $5 million in detention pay for truckers who delivered water and ice to Hurricane Katrina victims.  Icehouse Cartage Express, Inc., Grain Express, Inc., and Northstar Express, Inc., were the carriers represented by OOIDA in the lawsuit.
 
“For nearly two years we have been fighting this lawsuit and I am glad to say that the court found the claims raised against 4 Points Logistics, LLC, to be without merit and that our company acted professionally and responsibly,” stated Harold Bibby, Executive Director of 4 Points Logistics, LLC.    
 
According to Bibby, Lipsey Mountain Spring Water Company contracted with his company to secure the equipment and services of motor carriers across the nation to transport ice and 26 million gallons of drinking water that Lipsey Mountain Spring Water was obligated to deliver under its agreements with the State of Florida for the hurricane recovery.  In addition, 4 Points Logistics LLC, contracted with truckers for detention (or layover charges), which listed 0 hours for a rate of pay of $60.00 per hour.  All parties in the lawsuit agreed that the number of detention hours was intentionally left blank, as no one knew how much detention time would accrue.  The standard industry practice is 10 hours per day for detention charges. 
 
As a result of the massive devastation that resulted from Hurricane Katrina, many truckers were detained for an average of 10 days or more before they were able to make their water deliveries.  Remaining consistent with standard industry practice and the terms of its contracts, 4 Points Logistics, LLC, issued checks to the truckers for 10 hours a day of detention pay.  Every one of the checks issued by 4 Points Logistics, LLC, was found by the U.S. District Court to have been cashed by the recipients.  Furthermore, the court noted that each check contained language that explicitly stated that endorsement of the check constituted payment in full. 
 
However, on October 26, 2005, OOIDA filed a lawsuit in U.S. District Court in central Florida stating that 4 Points Logistics, LLC, and Lipsey Mountain Spring Water, owed the truckers 24 hours a day (not 10 hours) detention pay, which amounted to more than $5 million in additional pay.  Citing that 4 Points Logistics, LLC, and Lipsey Mountain Spring Water had already paid in full all payments owed to the truckers, both companies refused to make the additional payments.
 
On July 13, 2007, the U.S. District Court in central Florida ruled in favor of the defendants named in the lawsuit.
 
TIA is the professional organization of the $114 billion third party logistics industry. TIA is the only organization exclusively representing transportation intermediaries of all disciplines doing business in domestic and international commerce. TIA is the voice of transportation intermediaries to shippers, carriers, government officials and international organizations. TIA is the United States member of the International Federation of Freight Forwarder Associations (FIATA).


Contact:
Kelletta Blackburn,
TIA Communications Manager
(703) 299-5709
blackburn@tianet.org


  Document
Final Judgment

In an interview with Mr. Bibby the following questions were asked: 

 

Q. What was the first strong point of this case? 
A.
The following verbiage ?Any difference  between Tariff Rate and Rate Paid will be  considered Commission Endorsement of this check by payee or its Agent constitutes PAYMENT IN FULL? on the back of each preprinted check was ruled in our favor in Federal Court on December 6, 2005.

 

Q. Did you have a contract with your carriers? 
A.
Yes, we had a Broker-Carrier Contract. 


Q. 
Did you have your Shippers under contract? 
A.  
Yes, we had a Broker-Shipper Contract.   

  

Both contracts where Strong in this case and was written by the Law Offices of Pezold, Smith, Hirschmann &  Selvaggio, LLC, 120 Main Street, Huntington, NY 11743.

 

Q. Did you have employee contracts? 
A.
Yes, every employee employed by 4 Points Logistics, LLC was under contract with a non-disclosure and failure to compete clause.

 

It is a broker?s responsibility to protect all parties involved in their transactions.  I would encourage all brokers, shippers, anyone that pays freight bills to use the legal verbiage.   In addition, I encourage shippers to get under a contract with a broker or Carriers.  It is very important to use contracts, of course having them reviewed by your transportation attorney prior to use. 


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