Weaver and OOIDA v. Ferro, et al.
United States District Court for the District of Columbia
OOIDA filed on behalf of a member who received a citation for failing to stop at a weigh station while traveling through Montana. He had missed the stop at first, but immediately turned around and went back. He later had the ticket dismissed without prejudice by Montana courts. The ticket was removed from his motor vehicle record, but it still remains on records kept by FMCSA, which are made available to the public. The Association is seeking to prevent FMCSA from reporting that the truck driver violated the law and asking that the information be purged from his records.
The original suit, which is was consolidated with this suit on April 29, 2014, alleges the agency failed to comply with the Fair Credit Reporting Act, with the Privacy Act, and with mandates governing agency action contained in the previous highway bill, SAFETEA-LU. OOIDA alleges that FMCSA releases records of alleged safety violations to potential employers before drivers have had their day in court and that it refused to delete references to such violations even after drivers have been exonerated in court.
- Plaintiffs' Memorandum of Points and Authorities In Reply To Defendants' Opposition To Plaintiffs Cross-Motion For Summary Judgement 2/19/2016
- Supplemental Declaration of Karina C Arias 2/19/2016
- Plfts' Motion for MSJ, Memo in Support and Opp to Dfts' MSJ 11/4/2015
- Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss 6/16/2014
- Memorandum of Motion to Dismiss Amended Complaint 6/2/2014
- Defendants' Motion to Dismiss Amended Complaint 6/2/2014
- Proposed Order for Motion to Dismiss 6/2/2014
- Plaintiffs' Uncontested Motion for Consolidation of Actions 4/28/2014
- Per Curiam Judgement of Petition for Review 2/28/2014
- Opinion of Petition for Review 2/28/2014
- OOIDA Comments in Response to FMCSA's Notice 1/2/2014
- Petitioners' Reply Brief 10/16/2013
- Civil Action Complaint 7/13/2012
- Jim Johnston letter to Anne Ferro 7/13/2012
OOIDA Press Releases
- Another favorable ruling for truckers in DataQ lawsuit 3/13/2015
- OOIDA asks DOT to stop publishing misleading safety data 8/26/2014
- OOIDA members challenge FMCSA's Pre-Employment Screening Program 7/23/2014
- Court rules in OOIDA's favor on jurisdiction of DataQ lawsuit 2/28/2014
- FMCSA's CSA program falls short in analyzing which trucking companies are safe, unsafe 2/4/2014
- OOIDA files 2nd lawsuit against FMCSA over safety record database 5/23/2013
- OOIDA files lawsuit against FMCSA over safety record database 7/16/2012 3:05:00 AM
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