Originally Posted by
FliesWay2Much
2. Speaking of lost revenue, I'm surprised that the complaint didn't include a loss of revenue complaint. I'm not sure how you would calculate this, but I'm sure the trucking industry has algorithms.
What do people think happened to the missing $21K?
items 63 through 71 of the complaint (in the second portion of the complaint) raise the issues of loss of income as well as emotional distress, pain and suffering.
Item 81 essentially claims Thelander converted (stole) the missing money. It was either him or the clerical staff back at the station which is just stupid considering he already gave the pax a receipt for the entire amount.... most likely they will claim administrative error and correct the amount.
But it sounds as if the gubmint missed its filing deadlines to keep the money so these guys should get their money back - but probably without any interest or penalty. If the money is returned then I suspect the rest of the case will be dropped or dismissed as it would take most of the $181k in legal beagle fees to pursue damages under Bivens with little likelihood of prevailing (the government doesn't take kindly to being sued).