David Levitt Discusses Truth-in-Leasing Defense Strategies for the Trucking Industry
Chicago-based Hinshaw & Culbertson LLP partner David Levitt published an article titled "Defense of Truth-in-Leasing Claims for Trucking Companies," in the In Transit newsletter of the DRI Trucking Committee. In the article, he explains the significance for the trucking industry of the Seventh Circuit's affirmance of summary judgment for the defendants in Mervyn v. Atlas Van Lines, Inc., 882 F.3d 680 (7th Cir. 2018) ("Mervyn II").
Levitt suggests that the most important lesson of Mervyn II for trucking industry participants is that "a strong dispute resolution procedure… can go a long way towards defeating both class certification and the claim on merits." He goes on to discuss the statutory and regulatory background as they relate to lawsuits like Mervyn II. Levitt concludes by setting out defense strategies, including fighting class action allegations and discovery to lessen expense and exposure, using good contract language, and applying it accurately and equitably.
Read the full article "Defense of Truth-in-Leasing Claims for Trucking Companies" (PDF)
"Defense of Truth-in-Leasing Claims for Trucking Companies," was published in In Transit, The Newsletter of the DRI Trucking Committee, August 2018.