Pilot Travel Centers seeks $800K from Falcon Transport in civil suit

Staff report


Pilot Travel Centers LLC is suing the now-defunct Falcon Transport Co. and its owner for nearly $800,000 in fuel charges Pilot says the company still owes.

Falcon maintained a fuel supply agreement with Pilot through which the truck stop operator would invoice Falcon weekly for fuel bought at its locations nationwide, but after Falcon’s sudden closure, invoices from April 11 to April 25 totaling $796,983 went unpaid, according to a civil suit filed by Pilot on Tuesday in Mahoning County Common Pleas Court.

Falcon Transport Co. shuttered unexpectedly April 27, notifying about 550 employees by text message. Many of the company’s truckers were left stranded throughout the country and some reported the company’s fuel cards no longer worked.

The suit states Pilot’s fuel charges were due 14 days from the invoice date.

Counterpoint Capital Partners, the Los Angeles-based venture capital company that bought Falcon in 2017, is also named in the suit, as it appears to be an “alter-ego” of Falcon Transport Co., the suit claims.

The suit brings four counts against Falcon and Counterpoint, including breach of contract, unjust enrichment and a “piercing the corporate veil” count which accuses Falcon’s “alter-ego” Counterpoint of depriving Falcon the funds to pay Pilot.

A fourth count sets the liability amount at no less than the $797,000 in unpaid fuel costs. The suit also seeks pre- and post-judgment annual interest, as well as litigation costs.

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