Case Details

Year Initiated/Committed


Year Resolved


Settlement Amount



U.S. District Court for the Western District of Michigan

Docket Number

5: 94-CV-167

Lead State


Participating States



McFadden Corporation; CR Equipment; Hoekstra Truck

Case Description

This case involves a civil antitrust action filed by the State of Michigan on behalf of more than 500 state school districts alleging that various defendants conspired not to compete on contracts relating to the sale of school buses, school bus bodies, and school bus parts. This civil antitrust action resulted from a criminal antitrust suit instituted by the United States. Because of the successful lawsuit by the United States Department of Justice, there were insufficient funds to pay the State of Michigan subsequent civil damages obtained on behalf of the injured school districts. The Court — 1) Denied defendants motion to strike the allegation of fraudulent concealment; 2) Denied defendants motion to dismiss based on the statute of limitations; 3) Denied defendant’s motion for summary judgment based on the statute of limitations, finding that plaintiff had demonstrated a material factual dispute regarding fraudulent concealment which would effectively toll the statute of limitations; and 4) Concluded Attorney General had standing to prosecute the case on behalf of the State. The Michigan Attorney General and the United States Department of Justice eventually came to an agreement in which DOJ deferred the criminal fine payment obligations in favor of the civil judgment.