Attorney questions legitimacy of lead company in Pilot Flying J

Attorney questions legitimacy of lead company in Pilot Flying J settlement

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Attorney Drew McElroy told 6 News it appears that National Trucking Financial Reclamation Services was formed solely for the lawsuit two days before it was filed. Attorney Drew McElroy told 6 News it appears that National Trucking Financial Reclamation Services was formed solely for the lawsuit two days before it was filed.

KNOXVILLE (WATE) - One of the attorneys suing Pilot Flying J in the fuel rebate scandal said a different plaintiff that has agreed to settle is actually a "shell" company, meaning it never bought a gallon of fuel from Pilot Flying J and shouldn't be a plaintiff at all.

The claim comes in a motion filed on behalf of Atlantic Coast Carriers and three other companies not taking part of the settlement.

Attorney Drew McElroy told 6 News it appears that National Trucking Financial Reclamation Services was formed solely for the lawsuit two days before it was filed.

"I've been practicing law for nearly 30 years and I would think given those circumstances the first thing Pilot's attorney would be is to file a motion to dismiss because clearly this company never bought a drop of fuel from Pilot," McElroy said.

Meanwhile, a hearing is set Thursday on a motion filed by Pilot Flying J looking for a stay in the case, while McElroy and his legal team are looking to depose several top executives including CEO Jimmy Haslam and gain access to evidence including documents and emails.

"The question is should all of these individuals continue to proceed a pace while the court is considering, while the plaintiffs have their ninety days to challenge the fairness of that settlement and each of the individual courts is going to make that determination," Lincoln Memorial University Assistant Law Professor Matthew Lyon said.

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