JACKSONVILLE, Fla., Aug. 31 /PRNewswire-FirstCall/ -- Landstar System,
Inc. (Nasdaq: LSTR), a safety-first non-asset-based provider of transportation
capacity, announced today that Landstar will appeal the ruling of the U.S.
District Court, Middle District of Florida, certifying a class action in the
lawsuit styled Owner-Operator Independent Drivers Association, Inc., et al. v.
Landstar System, Inc., et al. In this lawsuit, the Owner-Operator Independent
Drivers Association, Inc. ("OOIDA") and four named owner-operators allege that
Landstar's contractual agreements with its independent owner-operators, who
Landstar refers to as business capacity owners ("BCOs"), do not strictly
comply with certain disclosure requirements of the federal leasing
regulations. The Court's class certification ruling is purely procedural and
in no way addresses whether the plaintiffs' claims have any merit.
BCOs leased to Landstar are small business owners who own and operate the
capacity necessary to transport freight for customers of Landstar. Operating
under the Landstar umbrella, BCOs can compete on a level playing field with
even the largest competitor trucking companies and still enjoy the freedom to
make their own decisions and run their businesses as they see fit. The
freight available to haul in the Landstar system is among the highest paying
freight in North America. Landstar BCOs determine which freight they haul and
when they haul it. Landstar also makes available discount purchasing programs
to its BCOs to help reduce the costs associated with owning and operating
their businesses. While participation in these programs is wholly voluntary on
the BCO's part, the discounts available to Landstar's BCOs under the programs
are significant. Accordingly, participation by Landstar's BCOs is very high.
"Given the extensive compensation-related disclosures that Landstar
routinely provides BCOs, you have to wonder if OOIDA is simply out to use the
courts to gain a competitive advantage as it sells -- presumably, at a
significant mark-up -- many of the same products and services that Landstar
facilitates for its BCOs," said Landstar Executive Vice President and Chief
Financial Officer Bob LaRose. "Is OOIDA hoping to extinguish popular and
completely voluntary BCO discount programs by asserting new interpretations of
the federal leasing regulations that would require disclosures that OOIDA
itself does not provide?"
"This class-action ruling is based on perceived efficiencies in resolving
liability on a class-wide basis, rather than through a series of separate
trials," said Landstar Vice President, General Counsel and Secretary Michael
Kneller. "Landstar continues to believe, however, that individual contractor-
specific issues predominate over common issues, and will therefore ask the
U.S. Court of Appeals in Atlanta to overturn this ruling." Kneller also
pointed out that the Court's decision did not find that damages could even be
awarded on a class-wide basis. Rather, said Kneller "the Court stated that if
issues of liability are resolved in favor of the class, 'the issue of damages
will be unique and subject to individualized proof.'"
This procedural decision relates only to Landstar Inway, Inc., Landstar
Ligon, Inc., and Landstar Ranger, Inc., as earlier in the case, Landstar won
dismissal of all claims against Landstar System, Inc., Landstar Express
America, Inc., Landstar Gemini, Inc., and Landstar Logistics, Inc. Landstar
Inway, Landstar Ligon and Landstar Ranger are among the most stable and
successful motor carriers in North America, having each won numerous awards,
and their BCOs are among the most loyal and highly compensated in the
industry. The relationship between Landstar and its BCOs has resulted in one
of the lowest turnover rates in the trucking industry, significantly below the
industry average. The commitment of Landstar to provide individual BCOs with
the freedom to run their businesses the way they want continues to set
Landstar apart from even the most successful trucking companies.
Landstar believes it has meritorious defenses to the claims asserted by
OOIDA in this lawsuit and intends to continue asserting its defenses
vigorously.
Landstar System, Inc. delivers safe, specialized transportation services
to a broad range of customers world-wide. The company identifies and fulfills
shippers' needs through the coordination of individual businesses comprised of
independent sales agents and third-party transportation capacity providers.
Landstar's carrier group, which is comprised of Landstar Gemini, Inc.,
Landstar Inway, Inc., Landstar Ligon, Inc., Landstar Ranger, Inc. and Landstar
Carrier Services, Inc., delivers excellence in complete over-the-road
transportation services. Landstar Global Logistics, Inc., Landstar Express
America, Inc. and Landstar Logistics, Inc., together, provide domestic and
international expedited, warehousing, contract logistics and intermodal
transportation services. All Landstar operating companies are certified to ISO
9001:2000 quality management system standards. Landstar System, Inc. is
headquartered in Jacksonville, Florida. Its common stock trades on The Nasdaq
Stock Market(R) under the symbol LSTR.
The following is a "safe harbor" statement under the Private Securities
Litigation Reform Act of 1995. Statements contained in this press release that
are not based on historical facts are "forward-looking statements." This press
release contains forward-looking statements, such as statements, which relate
to Landstar's business objectives, plans, strategies and expectations. Terms
such as "anticipates," "believes," "estimates," "plans," "predicts," "may,"
"should," "will," the negative thereof and similar expressions are intended to
identify forward-looking statements. Such statements are by nature subject to
uncertainties and risks, including but not limited to: an increase in the
frequency or severity of accidents or workers' compensation claims;
unfavorable development of existing accident claims; dependence on independent
sales agents and business capacity providers; disruptions or failures in our
computer systems; a downturn in domestic or international economic growth or
growth in the transportation sector; substantial industry competition; and
other operational, financial or legal risks or uncertainties detailed in
Landstar's Form 10K for the 2004 fiscal year, described in the section Factors
That May Affect Future Results and/or Forward-Looking Statements, and other
SEC filings from time to time. These risks and uncertainties could cause
actual results or events to differ materially from historical results or those
anticipated. Investors should not place undue reliance on such forward-looking
statements, and Landstar undertakes no obligation to publicly update or revise
any forward-looking statements.
SOURCE Landstar System, Inc.
CONTACT:
Bob LaRose
Landstar System, Inc.
+1-904-398-9400