Owner-Operator Independent Drivers v. Mayflower Transit, LLC

Dist. Ct. erred in dismissing as untimely plaintiffs-independent truck drivers’ lawsuit alleging that defendant’s practice of imposing chargeback on per mile fee paid to plaintiffs to account for defendant’s purchase of insurance for plaintiffs’ trucks violated 49 CFR section 376.12(i). Residual four-year limitation period applied to instant claim under 49 USC section 14704(a)(2) instead of two-year period mentioned in 49 USC section 14705(c). However, dismissal was appropriate on merits of claim since: (1) instant chargeback is not sale of insurance by defendant; and (2) defendant is always free to reduce per mile fee without mentioning price of insurance.