Owner-Operator Indep. Drivers Assoc. v. United Van Lines, LLC, No. 07-3829.
Several individual owner-operators of tractor-trailers leased their trucks to United Van Lines, LLC (“United”). The owner-operators filed suit against United for violations of federal truth in leasing regulations. United file a motion to dismiss, arguing that the owner-operators’ claims were barred by the two-year statute of limitations found in 49 U.S.C. 14705(c). The trial court agreed and dismissed the claims.
On appeal, the owner-operators argued that, because 49 U.S.C. 14704(a)(2) contains no statute of limitations, the general four-year statute of limitations applies. The Eighth Circuit Court of Appeals agreed and noted that the legislative history relied upon by the trial court could not establish the four-year statute of limitations was “demonstrably at odds” with congressional intent. The court noted it was not in their power to re-write statutes without such a finding.
