XML 45 R23.htm IDEA: XBRL DOCUMENT v3.6.0.2
Note 15 - Commitments and Contingencies
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
15.
         COMMITMENTS AND CONTINGENT LIABILITIES
 
From time-to-time, we are a party to ordinary, routine litigation arising in the ordinary course of business, most of which involves claims for personal injury and property damage incurred in connection with the transportation of freight.
 
We maintain insurance to cover liabilities arising from the transportation of freight for amounts in excess of certain self-insured retentions. In management's opinion, our potential exposure under pending legal proceedings is adequately provided for in the accompanying consolidated financial statements.
 
In
August
2014,
the U.S. District Court for the Southern District of Ohio issued a pre-trial decision in a lawsuit against our SRT subsidiary relating to a cargo claim incurred in
2008.
The court awarded the plaintiff approximately
$5.9
million plus prejudgment interest and costs and denied a cross-motion for summary judgment by SRT. Previously, the court had ruled in favor of SRT on all but
one
count before overturning its earlier decision and ruling in favor of the plaintiff. SRT filed a Notice of Appeal with the U.S. Sixth Circuit Court of Appeals on
September
24,
2014.
On
November
5,
2015,
the Sixth Circuit reversed the district court in part, finding that the plaintiff could not recover under
two
of its causes of action. The Sixth Circuit remanded the proceedings to the district court for further factual determinations relating to whether the plaintiff could recover under a
third
cause of action. The case is currently pending resolution for summary judgment.
 
Our Covenant Transport subsidiary is a defendant in a lawsuit that was filed on
August
17,
2015
in the Superior Court of the State of California, Los Angeles County.  This lawsuit arises out of the work performed by the plaintiff as a company driver for Covenant Transport during the period of
August,
2013
through
October,
2014.
  The plaintiff is seeking class action certification under the complaint.  The case was removed from state court in
September,
2015
to the U.S. District Court in the Central District of California, and subsequently, the case was transferred to the U.S. District Court in the Eastern District of Tennessee on
October
5,
2015
where the case is now pending.  The complaint asserts that the time period covered by the lawsuit is "the
four
(4)
years prior to the filing of this action through the trial date" and alleges claims for failure to properly pay for rest breaks, inspection time, waiting time, fueling and paperwork time, meal periods  and other related wage and hour claims under the California Labor Code. The parties engaged in mediation of the dispute which resulted in a comprehensive settlement of all class member claims upon payment of
$500,000
by Covenant Transport. The settlement received preliminary approval of the court in
December,
2016
and is now pending final approval.
 
Our SRT subsidiary is a defendant in a lawsuit filed on
December
16,
2016
in the Superior Court of San Bernardino County, California. The lawsuit was filed on behalf of David Bass (a California resident and former driver), who is seeking to have the lawsuit certified as a class action case wherein he alleges violation of multiple California wage and hour statutes over a
four
year period of time, including failure to pay wages for all hours worked, failure to provide meal periods and paid rest breaks, failure to pay for rest and recovery periods, failure to reimburse certain business expenses, failure to pay vested vacation, unlawful deduction of wages, failure to timely pay final wages, failure to provide accurate itemized wage statements, and unfair and unlawful competition.
 
Based on our present knowledge of the facts and, in certain cases, advice of outside counsel, management believes the resolution of open claims and pending litigation, taking into account existing reserves, is not likely to have a materially adverse effect on our consolidated financial statements.
 
We had
$27.2
million and
$31.4
million of outstanding and undrawn letters of credit as of
December
31,
2016
and
2015,
respectively. The letters of credit are maintained primarily to support our insurance programs.
 
We had commitments outstanding at
December
31,
2016,
to acquire revenue equipment totaling approximately
$86.5
million in
2017
versus commitments at
December
31,
2015
of approximately
$145.6
million. These commitments are cancelable upon stated notice periods, subject to certain adjustments in the underlying obligations and benefits. These purchase commitments are expected to be financed by operating leases, capital leases, long-term debt, proceeds from sales of existing equipment, and/or cash flows from operations.
 
See "Critical Accounting Policies And Estimates – Insurance and Other Claims" under Item
7
of Part II of this Annual Report on Form
10
-K for additional information.