Yellow | Freight Co. Slams Judge In False Claims Suit Over Shipments
- Thread starter Jaloc
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Can't read story , with out a sign up BS
Jamie sent me a copy, partner. It said the guy slamming the judge used to be the CEO for YRC, and said the alleged over charges were part of the synergies to save money.
synergies do save money , maybe even up to 15% weekly !!
My grandfather’s name was Clarence.
Was his first name Secret?
It was Bam....he would always hit his head because he didn’t have—-........
You’re still thinking about Mary.
Freightmaster1
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Jamie finally sent me a copy too...
Freight Co. Slams Judge In False Claims Suit Over Shipments
By Sarah Martinson
Law360 (July 31, 2020, 9:22 PM EDT) -- A Kansas-based freight carrier on Friday slammed a magistrate judge's recommendation to proceed with a suit alleging it overcharged the U.S. Department of Defense for shipments, arguing that the claims are too vague and rely on speculation.
YRC Freight Inc. and its two affiliates told a New York federal court that the suit should be tossed because, even though the government had 10 years to investigate a whistleblower's complaint before intervening in the case in 2018, it is unable to elaborate on how shipments were supposedly overcharged.
The exhibit attached to the complaint lists 200 out of 13,000 shipments that were allegedly overcharged, but the government didn't explain in its complaint how the companies' method for weighing shipments was wrong, YRC said.
"Defendants are at a loss to discern which, if any, of the 200 shipments or thousands of underlying tenders led to some kind of false claim by any one defendant — which means the court should be, too," it said.
YRC argued that the government knew how the company weighed shipments and never disputed its methods. Instead, the government paid YRC and its affiliates for all of their shipment claims even after James Hannum, an employee of YRC, filed his whistleblower suit in 2008 alleging his employer overcharged the government, according to the brief.
In addition, the government verified all charges before payments were made to the companies and the General Services Administration conducted post-payment audits, YRC said.
YRC added that if the companies had perpetrated any fraud, the government would have evidence of it from verifications and audits, contrary to its argument that only the company would have knowledge of the fraud.
The federal court should not adopt U.S. Magistrate Judge Michael J. Roemer's July recommendations when he failed to address these issues with the allegations, YRC said.
If the federal court proceeds with the suit, the case should be transferred to Kansas where YRC is headquartered and where nearly 50% of the government's witnesses are located, the company said, adding that the magistrate judge wrongly concluded that Kansas isn't the appropriate venue for the dispute.
Hannum's attorney Daniel Oliverio told Law360 in a statement that the objections to the magistrate judge's recommendations are another "delaying tactic."
"The complaint lays out in detail, with over 200 incontrovertible examples, the fraud underlying the case," Olivero said.
Representatives for the government and YRC did not respond to requests for comment.
(continued)
Freightmaster1
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The government is represented by James P. Kennedy Jr. and Kathleen A. Lynch of the U.S. Attorney's Office for the Western District of New York and Michael D. Granston, Benjamin Young and Robert McAuliffe of the U.S. Department of Justice's Civil Division.
Hannum is represented by Daniel C. Oliverio, Joseph V. Sedita and John L. Sinatra Jr. of Hodgson Russ LLP.
YRC is represented by Sean Cenawood, Stephen L. Hill Jr. and Sara M. Holzschuh of Dentons.
The case is U.S. ex rel. Hannum v. Roadway Express Inc. et al., case number 1:08-cv-00811, in the U.S. District Court for the Western District of New York.
--Editing by Steven Edelstone.
https://www.law360.com/newyork/arti...ams-judge-in-false-claims-suit-over-shipments
Hannum is represented by Daniel C. Oliverio, Joseph V. Sedita and John L. Sinatra Jr. of Hodgson Russ LLP.
YRC is represented by Sean Cenawood, Stephen L. Hill Jr. and Sara M. Holzschuh of Dentons.
The case is U.S. ex rel. Hannum v. Roadway Express Inc. et al., case number 1:08-cv-00811, in the U.S. District Court for the Western District of New York.
--Editing by Steven Edelstone.
https://www.law360.com/newyork/arti...ams-judge-in-false-claims-suit-over-shipments
Last edited:
Freightmaster1
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YRC Freight Asks Federal Judge to Dismiss Government's False Claims Lawsuit
https://www.ttnews.com/articles/yrc...udge-dismiss-governments-false-claims-lawsuit
https://www.ttnews.com/articles/yrc...udge-dismiss-governments-false-claims-lawsuit
Jamie said the pieces are all starting to fall into place for the master plan.The government is represented by James P. Kennedy Jr. and Kathleen A. Lynch of the U.S. Attorney's Office for the Western District of New York and Michael D. Granston, Benjamin Young and Robert McAuliffe of the U.S. Department of Justice's Civil Division.
Hannum is represented by Daniel C. Oliverio, Joseph V. Sedita and John L. Sinatra Jr. of Hodgson Russ LLP.
YRC is represented by Sean Cenawood, Stephen L. Hill Jr. and Sara M. Holzschuh of Dentons.
The case is U.S. ex rel. Hannum v. Roadway Express Inc. et al., case number 1:08-cv-00811, in the U.S. District Court for the Western District of New York.
--Editing by Steven Edelstone.
https://www.law360.com/newyork/arti...ams-judge-in-false-claims-suit-over-shipments
Anyone that drove a lift knows that (Yellow, at least- I quit before they merged) the W and I guys threw away slips that showed less than the billed weights. Not a false claims suit at all!YRC Freight Asks Federal Judge to Dismiss Government's False Claims Lawsuit
https://www.ttnews.com/articles/yrc...udge-dismiss-governments-false-claims-lawsuit