Wheeler Trigg O'Donnell represents commercial truck manufacturers and interstate carriers in a wide range of litigation and regulatory matters throughout the nation. The firm has tried or appeared as counsel in trucking industry cases in numerous state and federal courts and assisted in hearings, investigations, and negotiations.
WTO attorneys have the experience to handle claims involving various aspects of the trucking industry, including disputes related to:
- Trucking accidents including catastrophic personal injury and fatality claims
- Department of Transportation and other regulatory agencies
- Insurance coverage
- Unfair business practices
- Franchise and distribution
- Product liability
- Premises liability
- Toxic torts
- Trade secret misappropriation
- Discovery and protection of electronic data
- Class action defense related to employment and business issues
- Defeated certification of two putative classes of almost 30,000 California claimants alleging that WTO's client was a joint employer and liable for a number of California wage and hour law violations as well as for benefits.
- Defeated certification of a putative class of California claimants alleging WTO's client was a joint employer, seeking compensation for purported "off-the-clock" work. The California state trial court judge agreed with WTO's arguments that the plaintiff's "common" evidence did not show joint employment under California law.
- Won motion to strike California Labor Code Private Attorneys General Act ("PAGA") representative claim in federal court for alleged meal break violations where WTO's client was a purported joint employer.
- Successfully negotiated a nuisance value settlement in a putative class action for overtime wages in federal court in Illinois, before WTO's client had to incur any substantial fees or costs in discovery or for significant briefing.
- Serve as lead trial counsel to a leading Las Vegas transportation company for the defense of high-stakes motor vehicle accidents.
- Serve as national coordinating counsel to a major transportation company in FLSA collective action and individual and class wage and hour claims.
- Served as regional trial counsel to a leading national shipping company for high-stakes trucking litigation.
- Served as appellate monitoring counsel to a national food distributor in a tractor-trailer accident trial in South Carolina.
- Represented an international shipping and package delivery company in numerous arbitrations involving independent contractor classification.
- Won a complete defense verdict in a jury trial for an automotive manufacturer on claims challenging major aspects of the business operation.
- Represented U-Haul as local counsel in a wrongful death case involving the alleged rollaway and transmission defect in a U-Haul designed delivery truck.
- Sparta Insurance v. Garfias (E.D. Wash. 2014) - Won a defense verdict in federal court in Spokane, Washington, for Easterday Farms in a $12 million personal injury case involving an explosive collision between two tractor-trailers.
- Defended a trucking company against negligence claims arising from a nine-vehicle accident on a snowy Nebraska interstate highway.
- Represented a large transportation company for several years in its dissolution with a former business partner, and in contract disputes and negotiations with local contracting authorities.
- Defended a major motorcoach manufacturer in a multiple-fatality rollover crash litigation involving extensive document production.
- Successfully settled three separate independent contractor classification matters in Colorado, including a certified class action and a mass action involving 83 plaintiffs.
- Represented a national shipping company in a wrongful death lawsuit filed in Montana involving two of its contract drivers who allegedly struck and killed a firefighter directing traffic in a snowstorm. After more than two years of challenging litigation, WTO was called in four weeks before trial and obtained a favorable settlement.
- Represent General Electric as national counsel in personal injury matters involving trucks that move oversized loads, including wind turbines.
- Represent or represented manufacturing companies, including PepsiCo, and retail companies, including Pizza Hut, Furniture Row, and Bimbo Bakeries, as trial counsel in personal injury matters involving delivery vehicles.
- Representing Chiquita Brands in a high-exposure trucking liability matter in Massachusetts.
- Representing a trucking company in a $34 million trial in New Mexico.
- Defended various trucking manufacturers including Freightliner, PACCAR, and Volvo Trucks in product liability litigation and catastrophic torts claims.
- Represent automotive companies, including Ford and Toyota, as trial counsel in wrongful death and product liability matters involving crashes, rollovers, and other motor vehicle accidents.