You have the right to know about the proposed settlements and your rights and options before the Court decides whether to approve the settlements.  The Court in charge of this case is the United States District Court for the Central District of California.  The case is called Curtis Markson, Mark McGeorge, Clois McLendon, and Eric Clark vs. CRST International, Inc., CRST Expedited, Inc., C.R. England, Inc., Western Express, Inc., Schneider National Carriers, Inc., Southern Refrigerated Transport, Inc., Covenant Transport, Inc., Paschall Truck Lines, Inc., Stevens Transport, Inc. and DOES 1-10, Case No. 5:17-cv-01261-SB (SPx).  Those who sued are called the Plaintiffs.  The companies they sued are called the Defendants.

As a Settlement Class Member, unless you choose to opt out, you will be bound by the judgment of the Court as to the proposed settlements.  The Court will resolve issues for everyone in the Settlement Class, except for those who exclude themselves.

The proposed settlements are with CRST Expedited, Inc., CRST International, Inc., and C.R. England.  These are the “Settling Defendants.”  All of the other defendants in this case have already settled their claims.

The Court approved the settlements, and any objections and appeals were resolved, unless you excluded yourself you will be bound by the judgment and terms of the settlements. The notice explains the lawsuit, the settlements, and your legal rights.

Plaintiffs allege they were injured as a result of the Settling Defendants’ alleged participation in a conspiracy to restrain competition through an alleged “no-poach” agreement with other trucking company Defendants resulting in alleged suppressed compensation of their drivers.  Plaintiffs also allege that, as to CRST Labor Code Subclass, CRST’s Pre-Employment Driver Training Agreement and Driver Employment Contract were unlawful and that CRST unlawfully sought reimbursement of various expenses, namely DOT physical and drug screening tests, administrative fees, and training.

The Court preliminarily certified the Settlement Class and selected Susman Godfrey, L.L.P., Mayall Hurley P.C., Ackermann & Tilajef, P.C., and Melmed Law Group, P.C. to act as Settlement Class Counsel.

Plaintiffs have previously reached settlements with Defendants other than the CRST Defendants and C.R. England and have now reached proposed settlements with the Settling Defendants. The Settling Defendants deny all of the claims and allegations asserted against them, deny that compensation was suppressed, deny that they unlawfully sought any reimbursements, have asserted a number of defenses to Plaintiffs’ claims, and maintain that they did nothing wrong. However, they have agreed to settle this action to avoid the costs, inconvenience, distractions, and risks of further litigation.

In a class action lawsuit, one or more people called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.”  Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action.  One court resolves the issues for everyone in the class, except for those who excluded themselves from the class.

The Court did not decide in favor of either the Plaintiffs or Settling Defendants.  Trials involve risks and expenses to both sides; therefore, the Plaintiffs and Settling Defendants have agreed to settle the case.  The Plaintiffs and Settlement Class Counsel think the proposed settlements are in the best interests of the Settlement Class and are fair, reasonable, and adequate.

The Settlement Class contains three groups of individuals:

1. The CRST Antitrust Subclass: all current and former drivers “Under Contract” as motor vehicle carrier drivers with CRST International, Inc., CRST Expedited, Inc., C.R. England, Inc., Western Express, Inc., Schneider National Carriers, Inc., Southern Refrigerated Transport, Inc., Covenant Transport, Inc., Paschall Truck Lines, Inc., Stevens Transport, Inc., at any time from May 15, 2013 through April 1, 2022.  “Under Contract” means those individuals who executed an agreement with any Defendant in which the person agreed to work for any of the Defendants for a specified period of time in return for training provided by, funded by, or reimbursed by that Defendant and who was employed by that Defendant between May 15, 2013 through April 1, 2022.
2. The CRST Labor Code Subclass: all persons who (1) signed a Pre-Employment Driver Training Agreement or Driver Employment Contract with the CRST Defendants, (2) participated in the CRST Defendants’ Driver Training Program in California, and (3) were charged for their DOT physical, DOT drug test, administrative fees, and/or the $3,950 or $6,500 Contract Fee after failing to complete their contractually-required 8- to 10-month Employment Term, at any time between May 15, 2013 through April 1, 2022.
3. The C.R. England Settlement Class: all current and former drivers “Under Contract” as motor vehicle carrier drivers with CRST International, Inc., CRST Expedited, Inc., C.R. England, Inc., Western Express, Inc., Schneider National Carriers, Inc., Southern Refrigerated Transport, Inc., Covenant Transport, Inc., Paschall Truck Lines, Inc., and Stevens Transport, Inc., at any time from May 15, 2013 through April 1, 2022.  “Under Contract” means those individuals who executed an agreement with a Defendant in which the person agreed, and became obligated to work, for that Defendant for a specified period of time in return for a commercial driver’s license education or other training provided by, funded by, or reimbursed by that Defendant and who was employed by that Defendant pursuant to that agreement at any time between May 15, 2013 and April 1, 2022.

If you are still not sure if you are included in the Settlement Class, please review the detailed information contained in the Settlement Agreements, available on the Important Documents page of this website.  You may also call the Settlement Administrator at 1-877-540-0685.

The settlements were approved, and the Settling Defendants will pay $2,125,000 to the Settlement Fund.  The Settlement Fund will be used to pay: (1) the Settlement Administrator for administering the settlement and notice, (2) Plaintiff Class Representative awards (not to exceed $5,000 per Plaintiff Class Representative per each Settling Defendant), and (3) any attorneys’ fees (not to exceed one-fourth of the benefits created for the Settlement Class) and any expenses awarded by the Court (up to $500,000). Further, a $50,000 PAGA Payment ($37,500 to the LWDA and $12,500 to the Labor Code Subclass as alleged aggrieved employees under PAGA) will be made from the CRST Gross Settlement. The remainder of the Settlement Fund (“Net Settlement Fund”) will be available for distribution to qualifying Settlement Class Members. 

The Settling Defendants also agree to the following: 

• The CRST Defendants will not send “Under Contract” letters to other Defendants concerning any member of the Settlement Classes who (i) were involuntarily terminated by the CRST Defendants, or (ii) for whom a non-compete agreement is not legally enforceable under applicable state law (e.g., California, Idaho, North Dakota, Montana, Oklahoma, Oregon, and Washington).
• The CRST Defendants will not sue any C.R. England, Inc., Schneider National Carriers, Inc., Southern Refrigerated Transport, Inc., Covenant Transportation, Inc., Stevens Transport, Inc., or Paschall Truck Lines, Inc., for hiring any member of the Settlement Class due to their Under Contract status with the CRST Defendants. 
• The CRST Defendants will not refuse to hire a driver involuntarily terminated by another carrier on the sole basis that the driver is Under Contract with another carrier, except in the case of a valid and enforceable non-compete obligation. 
• The CRST Defendants have already ceased sending “Under Contract” letters to potential employers and will stop pursuing and release entitlement to collection efforts as to any member of the Labor Code Subclass for all unpaid costs for administrative fees, drug tests, and physical exams, respectively, allegedly owed to it by any member of the Labor Code Subclass, and the CRST Defendants will instruct third-party collection agencies and any other entities that may be involved in collection efforts for the CRST Defendants to do the same. This includes the CRST Defendants taking all action to cease any collection of these monies by third-party collection agencies and/or any collection of these monies through deductions from drivers’ pay (for work for the CRST Defendants or for any other entities) for members of the Labor Code Subclass. The CRST Defendants have reserved the right to seek collection of amounts they paid to third-party truck driver training schools for the training of drivers.
• C.R. England will not send “Under Contract” letters to the other Defendants concerning any member of the Settlement Class who was involuntarily terminated by C.R. England or whom C.R. England considers ineligible for rehire.
• C.R. England will not sue CRST International, Inc., CRST Expedited, Inc., Stevens Transport, Inc., Western Express, Inc., Schneider National Carriers, Inc., Southern Refrigerated Transport, Inc., Covenant Transportation, Inc., or Paschall Truck Lines, Inc., for hiring any member of the Settlement Class due to their Under Contract status with C.R. England.
• C.R. England will not refuse to hire a driver involuntarily terminated by another carrier on the sole basis that the driver is Under Contract with another carrier, except in the case of a valid and enforceable non-compete obligation. 

For further information regarding this injunctive relief, please review the detailed information contained in the Settlement Agreements, available on the Important Documents page of this website.

The Net Settlement Fund will be distributed as follows:

The settlement funds allocated to the C.R. England Subclass will be divided among the C.R. England Subclass on a pro rata basis, based on the number of weeks worked for any one of the Defendants.

The settlement funds allocated to the CRST Antitrust Subclass will be divided among the CRST Antitrust Subclass on a pro rata basis, based on the number of weeks worked for any one of the Defendants.

The settlement funds allocated to the CRST Labor Code Subclass will be divided equally among all members of the CRST Labor Code Subclass.
Please be patient. In addition, please consult this website regularly for updates on the case.

If you excluded yourself from the settlements, you will no longer be legally bound by the settlements and you will not be able to receive a payment and/or debt forgiveness (if applicable) from the settlements.  You will keep the right to sue or continue to sue the Settling Defendants on your own for the legal claims that the settlements resolve.

No. Unless you excluded yourself from the settlements, you give up your right to sue the Settling Defendants for the claims that the settlements resolve.  If you have your own pending lawsuit against any of the Settling Defendants, speak to your lawyer in that lawsuit immediately to determine whether you needed to exclude yourself from the settlements in order to continue your own lawsuit against the Settling Defendants.

Unless you excluded yourself from the settlements, you remain a Settlement Class Member.  By staying in the Settlement Class, all Court orders relating to any legal claims against Settling Defendants will apply to you and legally bind you.

The deadline to exclude yourself from the Settlement was January 13, 2023 and has passed.

The deadline to object to the Settlement was January 13, 2023 and has passed.

Objecting is telling the Court that you do not like something about the settlements.  You can object only if you do not exclude yourself from the settlements.  If you object and the Court overrules your objection, you will still be a part of the Settlement Class and be bound by the settlements.  Excluding yourself is telling the Court that you do not want to be part of the settlements.  If you exclude yourself, you have no standing to object because the settlements no longer affect you.

The Court has appointed the law firms of Susman Godfrey, L.L.P., Mayall Hurley P.C., Ackermann & Tilajef, P.C., and Melmed Law Group, P.C. as Settlement Class Counsel on behalf of the Plaintiffs and Settlement Class Members.  Their contact information is provided above in Question 13.  If you wish to remain a Settlement Class Member, you do not need to hire your own lawyer because Settlement Class Counsel is working on your behalf.

If you wish to pursue your own case separately, or if you exclude yourself from the settlements, these lawyers will no longer represent you.  You may need to hire your own lawyer if you wish to pursue your own lawsuit against any of the Settling Defendants.

You will not have to pay any fees or out-of-pocket costs for the Settlement Class Counsel.  Any attorneys’ fees awarded by the Court will be paid from the Settlement Fund and will not exceed one-quarter of the benefits created for the Settlement Class. In addition, the litigation expenses awarded by the Court will not exceed $250,000 for each of the two settling Defendants, for a total of $500,000.00 in litigation expenses.

The Court held a Fairness Hearing at 8:30 a.m. on February 17, 2023 at the United States District Court for the Central District of California, U.S. Courthouse, 350 West 1st Street, Los Angeles, California 90012, Courtroom 6C.  At this hearing, the Court considered whether the settlement was fair, reasonable, and adequate. If there were any objections, the Court considered them at that time. After the hearing, the Court decided to approve the settlement.

You were not required to attend, and Class Counsel answered any questions that the Court may have had. If you wished to attend the hearing, you could have come at your own expense. You could have also paid your own lawyer to attend, but it was not necessary, unless you chose to have a lawyer appear on your behalf to object to the settlement.

If you did not request exclusion from the settlements with CRST International, Inc., CRST Expedited, and C.R. England, you could have asked permission for you or your own attorney to speak at the Fairness Hearing at your own expense. To do so, you needed to send a letter saying that it is your “Notice of Intention to Appear.” Your request needed to be filed with the Clerk of the Court and served on Settlement Class Counsel and Counsel for Settling Defendants no later than January 13, 2023. The addresses for the Court, Settlement Class Counsel and Counsel for Settling Defendants are provided in Question 13 of the Notice. You could not ask to speak at the hearing if you excluded yourself from the settlements.

If you do nothing, you will remain part of the Settlement Class and you will be able to participate in any payments and benefits to qualifying Settlement Class Members.  However, you will give up your right to sue or continue to sue Settling Defendants for the claims resolved in this case.

The notice summarizes the case and the proposed settlements. More detailed information is available on the Important Documents page of this website. You can also contact the Settlement Administrator:

Markson, et al. v. CRST International, Inc.
c/o JND Legal Administration
PO Box 91249
Seattle, WA 98111
1-877-540-0685

PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.