Legal match over fate of AB5 has new player: US solicitor general

Elizabeth Prelogar took over as the U.S. solicitor general on Oct. 28. On Monday, the U.S. Supreme Court made her new job extremely important to the trucking industry in California.

After a conference Friday on the California Trucking Association’s appeal of lower court rulings that if allowed to stand would implement independent contractor rule AB5 in the state’s trucking business, the court announced Monday that it was seeking the opinion of the solicitor general’s office on the case, known...

https://www.freightwaves.com/news/legal-match-over-fate-of-ab5-has-new-player-us-solicitor-general

Starting over: Workhorse overhaul could lead to more than electric vans

Workhorse Group reported negative revenue and profits in Q3 as new CEO Rick Dauch grounded production of the C-1000 electric delivery van, jettisoned 25% of the hourly workforce, overhauled the executive leadership and dropped a lawsuit against the U.S. Postal Service over the company’s unsuccessful bid to build battery-powered mail trucks.

The Loveland, Ohio-based company also acknowledged Tuesday that it is being investigated by the Securities and Exchange Commission and the Department of...

https://www.freightwaves.com/news/starting-over-workhorse-overhaul-could-lead-to-more-than-electric-vans

Nikola will push indicted founder to reimburse expected $125M SEC fine

Nikola Corp. set aside $125 million to potentially settle a Securities and Exchange Commission complaint but will seek to get indicted founder Trevor Milton to reimburse the civil penalty and other costs.

The startup electric truck maker is awaiting full SEC approval of the settlement, which covers alleged fraudulent claims by Milton, the company founder and former executive chairman. He faces criminal trial next April on three federal fraud counts. Milton is free on $100 million bail.

“We...

https://www.freightwaves.com/news/nikola-will-push-indicted-founder-to-reimburse-expected-125m-sec-fine

Navistar will destroy old engines, pay $52M to settle federal complaint

Navistar Inc. is settling Clean Air Act violations with the U.S. Justice Department by paying a $52 million fine and destroying old engines to prevent oxides of nitrogen (NOx) pollution from fouling the atmosphere.

Navistar, now a subsidiary of Volkswagen AG’s Traton Group, has borne the burden of deciding against using the selective catalyst reduction (SCR) form of emissions control that other truck makers adopted following tougher pollution rules going into effect in 2010.

In the Justice...

https://www.freightwaves.com/news/navistar-will-destroy-old-engines-pay-52m-to-settle-federal-complaint

Road Doctor owner accused of paving way for luxury cars with PPP loan

Road Doctor California business owner accused of PPP loan fraud

The owner of a purported California road maintenance company is facing multiple charges after federal prosecutors claim he stole hundreds of thousands of dollars, which he allegedly spent on luxury cars and other high-priced goods, after obtaining more than $7.25 million in funds through the U.S. Small Business Administration’s Paycheck Protection Program (PPP).

Oumar Sissoko, 59, of Temecula, California, is slated to make his initial appearance in U.S. District Court in Riverside, California,...

https://www.freightwaves.com/news/road-doctor-owner-accused-of-paving-way-for-luxury-cars-with-ppp-loan

Ex-fleet manager accused of bilking $1.6M from company

Ex-fleet manager wire fraud charges

A federal grand jury has indicted a former fleet manager of publicly traded construction products manufacturer, alleging he defrauded his employer of $1.6 million by using company credit cards to fund his candle-making businesses, purchase first-class airline tickets and visit Hooters. 

Steven Duety, 45, of Plano, Texas, was charged with one count of conspiracy to commit wire fraud and nine counts of wire fraud, according to a grand jury indictment filed in the U.S. District Court for the...

https://www.freightwaves.com/news/ex-fleet-manager-accused-of-bilking-16m-from-company

Trump pardons former congressman and maritime advocate

President Donald Trump on Tuesday pardoned the former congressman who had chaired the Maritime Transportation Subcommittee before being indicted for misusing campaign funds. 

Duncan Hunter, a Republican from California, had been slated to begin an 11-month prison sentence in January. 

American Shipper reported in August 2018 that Hunter, then chairman of the Coast Guard and Maritime Transportation Subcommittee of the U.S. House Transportation and Infrastructure Committee, had been accused, with...

https://s29755.pcdn.co/news/trump-pardons-former-congressman-and-maritime-advocate

Feds execute former Louisiana trucker Friday

Alfred Bourgeois

Former Louisiana truck driver Alfred Bourgeois was put to death Friday for the brutal murder of his 2-year-old daughter in 2002, after the U.S. The Supreme Court rejected a last-minute bid by his attorneys for clemency.

Shortly after his appeal was denied, Bourgeois was put to death by lethal injection. He was pronounced dead at 8:21 p.m. EST

His legal team argued Bourgeois was intellectually disabled and that should have made him ineligible for the death penalty under federal law.

Bourgeois was...

https://www.freightwaves.com/news/feds-execute-former-louisiana-trucker-friday

Linde GmbH settles US allegations of import fraud for $22 million

A big hydrogen refinery.

Linde GmbH, a German multinational corporation that makes industrial gases for transportation and other applications, and U.S. subsidiary Linde Engineering North America have agreed to pay the U.S. government $22.2 million to settle claims the company made false statements on its customs declarations to avoid import duties, the Justice Department announced Friday.

The government alleged Linde undervalued $500 million worth of products imported between 2011 and 2017 for the construction of...

https://www.freightwaves.com/news/linde-gmbh-settles-us-allegations-of-import-fraud-for-22-million

$48.9 million settlement approved over no-poaching allegations against railway suppliers

Knorr-Bremse no-poaching lawsuit

A class-action lawsuit against several railway equipment suppliers has received final court approval. Agreement on a final settlement of the suit between Westinghouse Air Brake Technologies Corp. (Wabtec), Knorr-Bremse AG and subsidiaries and law firms Hartley LLP and Fine Kaplan and Black was achieved in February. U.S. District Court for the Western District of Pennsylvania Judge Joy Flowers Conti signed off on the final settlement on Aug. 26.

Lead class counsel for the $48.9 million case was...

https://s29755.pcdn.co/news/no-poaching-agreement-results-in-489-million-class-action-settlement-against-railway-suppliers

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