We will post more information as it becomes available. On Monday, November 16th, 2015, the 9th Circuit Court of Appeals heard oral arguments on the defendants interlocutory appeal and petition for a writ of mandamus appealing the district courts scheduling order. The Ninth Circuit Court of Appeals issued a ruling today holding that a Court must determine whether the Federal Arbitration Acts exemption for employees in interstate commerce applies to truck drivers such as the Plaintiffs in this case. The defendant has made payment to the settlement fund. Despite this ruling, Swift has now asked the District Court to stay itsmotionor reconsider the scope of discovery and trial. In order to argue against Plaintiffs motion for a preliminary injunction barring Swift and IELs collections for the full amount of the remaining lease payments following their putting a driver in default status, Swift has filed a remarkable affidavit, stating that Defendants will demand the full remaining lease payments in its demand from drivers, but will not, in fact, seek all remaining payments. Swift also filed a motion with the District Court asking the Judge to stay proceedings in the District Court while the appeal was pending. Plaintiffs Granted the Right to Appeal Posted on January 20, 2012. letter mot to dismiss.pdf 88KB) Judge Berman accepted defendants letter as the motion to transfer venue and asked plaintiffs to respond. We expect Judge Sedwick to reaffirm his prior ruling that he will hear the evidence to determine if drivers were misclassified and are in fact employees and not make the decision solely on the basis of the contract. Plaintiffs continue to believe that the issue was wrongly decided, contrary to every decision to have considered the issue, and are weighing and preparing their next actions in response. THE COURT HAS NOT YET RULED AND TAKES NO POSITION ON THE MERITS OF PLAINTIFFS CLAIMS FOR RELIEF. . Too many drivers and society as a whole are looking for handouts, something for nothing. We are still awaiting a hearing date from the 9th Circuit Court of Appeals for oral argument, and will update the website when it is known. Swift Settlement Update Posted April 6, 2020. Swift Transportation Co., Inc. The Ninth Circuits ruling was a critical decision in favor of the drivers, since it meant that the District Court must decide whether the ICOA/Lease constitute a contract of employment, and if the Court found the contract to be one of employment then the case would never go to arbitration. The lawsuit claims that Swift treated truck drivers who leased trucks through the company as independent contractors even though they acted as full-time employees. Posted on Wednesday, March 31 2010 at 4:20pm. containers division, and I had to take a mandatory logbook class in Phoenix,AZ.after my class I asked for a load going back to CA. If the drivers are employees, the case cannot be sent to arbitration. COMPUTER DRIVEN TRUCKS.WHATS LOGICAL BEHIND IT.A HUGE SHORTAGE OF DRIVERS.NOT FOR ME.COMPUTERS SHORT CIRCUIT AND CAN BE HACKED INTO BY MOSCOW. U.S. District Judge Sedwick issued a decision today that the five Plaintiffs who brought this case are employees as a matter of law, for purposes of the Federal Arbitration Act. (final mandamus petition _2_.pdf 128KB) A Writ of Mandamus is an extraordinary writ that seeks to have a Court of Appeals correct error by a district court, even though no appeal is presently available. Judge Berman found that most of the events involved in the suit emanate from Arizona and that therefor the suit should be transferred. why are you working for this companies in the beginning and why the hell you are suing them now? In September, Swift requested Plaintiffs attorneys to engage in the first settlement mediationthis is the first movement toward settlement negotiation since the case was filed. All these companies are very reminiscent of the old coal mines and the fight that took place at Matewan. Depositions of company officials may not be available, for example. Who Has The Best Lease Purchase Program In The Trucking Industry Updated on January 3, 2023 Owner Operators Leasing a truck and becoming your own boss is a dream that many truckers have. Lease purchase Lease Operator (Former Employee) - Cedar Rapids, IA - November 16, 2021 This is a great company to lease purchase a truck with, you have to be able to plan your own loads and not wait for a dispatcher. Yet I would bet that this fat cat just like trumpet pays zero taxes. The Plaintiffs legal team will be carefully analyzing the ruling and our next steps this week as we prepare for the arbitration. Judge Requires Swift to Issue Corrective Notice Posted February 27, 2017, On February 24th, US District Judge Sedwick found that Swifts communication of a new contract was both misleading and coercive. The Court granted Plaintiffs request that Defendants send a curative notice for deceptive terms included in the new Contractor Agreement that it is requiring current lease operator contractors to sign. On Feb. 4, a federal court in the Northern District of Iowa denied in part and granted in part CRST's bid to dismiss a class action lawsuit. (FINAL PI BRIEF_AZ.pdf 207KB). Click here to read Plaintiffs opening Appeal Brief.Click here to read Defendants Response.Click here to read Plaintiffs Reply Brief. http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000007482. US District Court Judge Sedwick has set expedited argument on Plaintiffs motion for a Temporary Restraining Order and Swifts motion for a stay of the case pending appeal for Wednesday, February 15, 2017 at 10:00 am in Phoenix. This is true regardless of whether or not you have already signed the new ICOA. Two important decisions were rendered by the Ninth Circuit court of appeals with respect to FedEx drivers. The Appeal is fully briefed. Click here to read a copy of the petition for mandamus. 01:05 PM. The Drivers consider it a hopeful sign that the Circuit decided not to hear argument, as the Ninth Circuit previously decided that the drivers claims cannot be sent to arbitration without the District Court first deciding whether they are employees or contractors, when the Drivers filed a mandamus petition in that Court. The lawyers will get $20,750,000 of the $100,000,000. Mega-carrier Swift Transportation has just lost a pivotal court decision in a lawsuit brought against it by five former owner-operators at the company over their employment classification. Nevertheless, Swift has refused to meaningfully participate in discovery in the District Court, despite the denial of a stay. Motion to Vacate Stay, STC 277 Motion to Lift Stay, Motion to Vacate, STC 8 Petitioners reply to answer to Writ of Mandamus petition, STC 7 1 D Response to Writ of Mandamus of Real Parties In Interest, STC 229 ORDER FROM CHAMBERS denying Plaintiffs' Motion for Reconsideration, STC 226 Motion for Reconsideration re Order on Motion to Certify Class, STC 223 Order and Opinion Compelling Arbitration, STC 175 Declaration of Elizabeth Parrish 172 Response to Motion, STC 188 P Response in Oppose Motion to Compel Arbitration and Dismiss P claims, STC 187 p Reply in Support MOTION to Certify Class, STC_Def to J Berman re arbitration 3-19-10. In addition, Plaintiffs havemoved to renewtheirCollective Action Motion, which is fully briefed by both sides, and have moved forClass Certification of a nationwide class of Lease Operators. This is an extremely significant result, and an important step in the ongoing fight, but it is not the endthere has been no judgment whether OOs/LOs are entitled to the back wages and other relief we believe they are owed. We use cookies to improve your experience on our site. You can be an owner operator without the hassle of having your credit approved through a loan office. We will post more information as it is available. The Court of Appeals for the Ninth Circuit has set oral argument on the Plaintiffs mandamus petition for Monday May 9, 2011 at 9 am. If you are being billed for the full amount of remaining lease payments, download and attach the declaration of Ms. Parrish in that post which states that IEL does not actually collect full remaining lease payments. The process for deciding whether the drivers are employees has not been settled by the Court. Please call if your lease ended over three years ago and you wish to join the case. March 2, 2023 Late last year, an allegedly shortchanged Swiftie named Michelle Sterioff filed a class-action lawsuit against Live Nation and Ticketmaster over the Eras Tour fiasco. This ruling will be appealed, swift could be sold, bankrupted etc..The Lawyers will drag this out for years. 4) mid-contract changes demanded by Swift or IEL under threat of having the truck repossessed or the driver put on safety hold until a signature is given. All drivers who leased a truck from IEL and contracted with Swift as a Lease Operator at any time since April 16, 2010 may be eligible to join this case by completing and signing a consent to sue form, available atSwift Justiceby clicking Join the Case.. You may be part of the class action if the Court later certifies the case as a class action. However, certain claims under the Fair Labor Standards Act are not covered in the case until your Consent to Sue Form is returned to the plaintiffs attorneys and then filed with the Court. Swift initially refused to sign a stipulation. Ellisis a case challenging Swifts failure to give notice of consumer background information. After those papers are filed with the Court, the matter will await decision by the District Court. You are entitled to file FLSA claims (using the Consent to Sue form) for the period extending back three years from the date you file the form. We will update our website if the acquisition affects our litigation in any way. Although the dispatchers will help you in a time of need. The Swift lawsuit commenced in the federal district court for Arizona. Money 8:14 am. We will post further updates as information becomes available. On January 9th, Swift rolled out a new contract to their currently-running Lease Operators. Some info here. The Success Lease Purchase Program is an affordable way to lease purchase a new or used truck from a vast. The decisioncould possibly have huge ramifications for up to 15,000 former Swift drivers, and even owner-operators with other companies. This case should make it clear that simply having an arbitration agreement with a class-action waiver in your independent contractor agreement will not guarantee that a trucking company can prevent class-action litigation and force drivers into individual arbitration. No person who has joined this lawsuit by filing a consent to sue should participate in such a meeting without the presence of a lawyer from Getman Sweeney. Click here to download a sample letter form to a debt collector, Swift or IEL. Here's the PayPal info: https://www.paypal.me/truckertodd806 Here's the Cash App $cashtag:$truckertodd806My Venmo is:@truckertodd806Link for the Mudflap app to save on fuel: https://www.mudflapinc.com/truckertodd So, the drivers filed a motion in the District Courtto compel Swift to answer discovery. The Swifties are seeking a penalty of $2,500 for each violation, which could add up, based on the millions of angered fans who did not receive tickets. With 660,277 truck driver applications in our driver database and many more added each day, we are your best source for all types of trucking candidates. Getman Sweeney would like to speak with former Swift Owner Operators who have documents or other evidence (such as photographs, emails, QualComm messages) concerning: 1) collections efforts by Swift after turning in their truck or having it repossessed, or The case cannot move forward until the Ninth Circuit Court of Appeals determines whether District Judge Sedwick erred by sending this case to arbitration without deciding first whether the Plaintiffs are exempt from the Federal Arbitration Act. Theyre also suing swift for using a payscale that pay less than what the driver actually drove. Period end of story! We need to come together as one united group. You need to know about the ticket before you purchase it. Swifts Appeal of Judge Sedwicks Misclassification Ruling Posted June 15, 2017. petition for a writ of mandamus raises issues that warrant a response. The courts video feed of the argument is available here. I agree you always have some company people who say that is the way it and always will be and there is nothing you can do about it ,your a trucker and you are going to get screwed over so just accept it as hard work.I would like to see the trucking industry taken completely down and start over again and this time no phony mileage or percentage pay where you will never be payed for all you do but pay by the hour then you would see the delays and bad dispatching come to a halt. Please let Janice Pickering know, in advance if possible, if you might be stopping by and we can pick you up at the toll plaza. After almost ten years of diligent effort by the entire legal team at Getman, Sweeney & Dunn, Martin & Bonnett, and Edward Tuddenham, a class action settlement between the driver Plaintiffs and Defendants Swift, IEL, Moyes and Killebrew, has been reached. A jury has ruled in favor of pop superstar Taylor Swift in a high-profile case in Denver. The drivers asked for limited discovery on this issue, while Swift argued that the determination should only be made by considering the Independent Contractor Operating Agreement. Judge Sedwickruledthat the drivers were right. . The lawsuit was initiated December 2009, originating with Swift Transportation prior to the Knight Swift merger. Click here to read the brief in support of the motion. Purchase option amortizes weekly with lease payments 6. Motions to Compel, Motions for Sanctions, and Appeals Posted October 27, 2015. You forgot Prime and Knight. The company provides truck drivers with well-maintained equipment, affordable weekly payments as low as $405 and a 12-36-month lease. Click here to review the District Courts certification order. Even after the Courts denial of Swifts motion to reconsider, Swift has done everything within its power to delay the day of reckoning a day in the near future when District Judge Sedwick will determine whether by law, Swift treats the Named Plaintiffs as employees. A Magistrate Judge has not yet been assigned. Finally someone had defined what independent means..thank you. We will know soon whether the Supreme Court will decide to stay the decision while it decides whether to hear the case. A Claims Administrator (Settlement Services, Inc.) has been appointed to send each driver affected by the settlement a Notice advising them of the terms of the settlement, what it will mean for them, how to file a claim in the case, how to withdraw, or object to the deal, and how to update your address so that you can receive your share of the proceeds. Actually the better way to look at it is the company has felt entitled all along to rape the drivers with these so called independent driver agreements. (7-1 D Response to Writ of Mandamus of Real Parties In Interest.pdf 1MB) The Section 1 exemption to the FAA exempts contracts of employment of any other class of workers engaged in foreign or interstate commerce. The question to be decided by the Court of Appeals is who must decide whether the ICOA is really a contract of employment, the District Court or the arbitrator. Swift Settlement Update Posted March 27, 2020. Its all the other mega companies: Schneider National, Warner, JB Hunt, England,you name it. These companies are just trying to offset the cost of doing business with these people saying that you can own your own truck and have your own business. Instead, Swift argues that the District Court erred by considering the Lease as well as the Contractor Agreement in reaching its decision. They are just hurting investors if anything. WOW! Depositions and Upcoming Motion for Summary Judgment Posted May 11, 2016. Click here to read a copy of the petition for mandamus. Court Sets Argument on Temporary Restraining Order and Stay Posted February 6, 2017.

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