The drivers brief will be due July 22nd. The law of truck driver misclassification as independent contractors continues to develop, with many courts finding drivers misclassified. The parties now have a short period of time to conduct discovery prior to a trial by the District Court on this critical issue. Beware of western express, will rob you blind. Click here to review Defendants Letter Brief requesting transfer of the case to Arizona. We do get ripped off a lot. Well, in the end, they will lose the independence that comes from being an independent contractor. "We know that starting and running your own truck driving business can be risky . Being leased to someone is not being an Independent Contractor. The details of this process are set forth in the settlement agreement, available here. The Ninth Circuit agreed to stay its decision but only for 90 days, giving Swift time to make another stay motion to the Supreme Court. The Drivers believe that this appeal is entirely frivolous, as there is no right to appeal an interim decision of a District Court regarding how employee misclassification is to be determined. We will update our website if the acquisition affects our litigation in any way. On May 11th, Plaintiffs made a motion to certify the Fair Labor Standards Act minimum wage claims in this case as a collective action. The motion seeks court approval to mail a notice of the case to all class members, advising them of their rights to join the case. The Lawyers for the drivers argued that Swift was acting in violation of federal minimum wage laws because the drivers are in reality employees, and not independent. Plaintiffs Move to Enjoin New 2017 Contract, Certify Class and Collective; Swift Moves to Stay Posted January 31, 2017. Click here to read Plaintiffs opening Appeal Brief. We will continue to post new information as it becomes available. #1 NEVER READ YOUR OWN LEASE! The companies insist they cant tell what the miles are accurately. Click here to review the 9th Circuits decision. Plaintiffs argument is based on the fact that the Lease agreement demands that claims be litigated in Court, that the ICOAs arbitration provision conflicts with the Lease and is superceded by it. I know right?? Knight-Swift said the$100 millionsettlement amount was fully reserved on the companys balance sheet as of Dec. 31, 2018, and is not expected to have a material impact on its future results (it must be nice to have an extra $100 million sitting around for a rainy day). The case raises class action claims under the law of contract, and under various state laws which also protect workers from unlawful deductions (so far, the state laws of New York and California, however additional state statutes will apply to workers in other states). This will ABSOLUTELY be over turned. (223 Order and Opinion Compelling Arbitration.pdf 60KB) Remarkably, Judge Sedwick entirely failed to address the primary argument advanced by the Plaintiffs, that is, that the arbitration clause in the ICOA was flatly contradicted by the clause in the Lease, strictly requiring the claims in this Case to be heard in Court. (287 D Opp to Pl. This means that, in most cases, truckers will not be forced into mandatory arbitration and cannot waive their rights to participate in class actions. A known fact Knight is actually partners with the 3 sons of the founder of Swift transportation. Blood suckers each and everyone of these companies!!!!! On May 24th, 2017, Swift filed an appeal to the Arizona District Courts Order and Opinion (Jan. 2017) in which the District Court ruled that the five named-plaintiff drivers are employees, not independent contractors as a matter of law, for the purposes of 1 of the Federal Arbitration Act. AVAYA HOLDINGS CORP. (NYSE: AVYA) SHAREHOLDER CLASS ACTION ALERT: Bernstein Liebhard LLP Reminds Investors of the Deadline to File a Lead Plaintiff Motion in a Securities Class Action . After attorney fees and other costs, drivers will receive their share of about $4.3 million, averaging around $217.50 per class member. Click here to review the stipulation and Order. One possible negative outcome from the decision is that this might really push the trucking outfits toward the driverless truck technology, but of course, most have probably starting thinking that way already. Motion to Compel Discovery Responses (Docket # 631), Motion to Compel defendants to testify [in depositions] (Docket #644), ordering the Defendant to respond to Plaintiffs discovery requests (Docket #645). Mail may be slower than usual due to the COVID-19 situation. 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. After this order, Judge Sedwick denied Plaintiffs request that he certify the issue to the 9th Circuit Court of Appeals. Click here to review Defendants Letter Brief requesting transfer of the case to Arizona. The effect of these twin doctrines has been that employees and consumers are shunted into a forum favorable to the companies that support them and they are barred from taking action collectively. I Need CDL Training
No driver would go outside the company for a load for fear of severe backlash and devastating financial consequences. Click here to review Plaintiffs Reply Brief. The parties are now ready to brief whether or not Lease Operators are employees or contractors for purposes of deciding whether the Federal Arbitration Act applies to the drivers or not so that the District Court can decide. Schipol airport to Rotterdam 12:39 pm. November 12, 2013. Posted on Thursday, February 11 2010 at 4:26pm. We believe the contract is unlawful, deceptive, and coercive, and we are asking that the Court grant a temporary restraining order and preliminary injunction:(1) enjoining 16 and 17E of the new Agreement; (2) requiring Defendants to inform all lease operators including those who have already signed the Agreement that paragraphs 16 and 17E have been enjoined and are no longer operative; (3) enjoining Defendants and their counsel from engaging in any further contacts with current opt-ins and putative class members regarding the matters raised in this suit, including communications that request or require LOs to enter into agreements that may in any way impact the liability or damages issues that are currently pending before this court, without first informing Plaintiffs counsel and obtaining permission from the Court. Due to the size of the class, it may take some time for class members to receive their notices. Click here to read the Court of Appeals ruling. The Ninth Circuit ruled that the Court must decide whether this case is arbitrable under the Federal Arbitration Act (FAA) or not before sending the case to arbitration. Plaintiffs have filed 57 separate arbitration demands with the American Arbitration Association for the issues presented in this case. The stipulation was so ordered by the Court. There accidents prove thats not the case, give them enough rope maybe they will hang themselves. the Supreme Court reached a unanimous decision in truckers favorruling that truckers engaged in interstate commerce are exempt from the FAA under Section 1, regardless of whether their contracts call them contractors or employees, Friend of the Court brief in support of the drivers, renew (883) their Collective Action Motion (105), Class Certification of a nationwide class of Lease Operators (884), Temporary Restraining Order and Preliminary Injunction, Class Certification of a nationwide class of Lease Operators, You can read the full, 33-page decision here, Federal Judge Deals Swift Transportation Legal Setback Ruling finds trucking company improperly treated some of its drivers as contractors rather than employees. Click here to read Defendants Response Brief. Taylor Swift has told a federal court that she wrote all of the lyrics to her 2014 hit "Shake It Off," and said she had never heard of the group 3LW or their 2001 song "Playas Gon' Play" before a . The Final Fairness Hearing has been scheduled for January 22, 2020 at 10:00 a.m. at the Federal Courthouse in Phoenix, AZ. Swifts Increasing Desperation Posted February 26, 2015. Judge Berman found that most of the events involved in the suit emanate from Arizona and that therefor the suit should be transferred. Owner ops and leases are endangered always.Check your last settlement, Ther all crooks and back stabers not only swift its Prime inc to and Werner and look how arrow did there drivers money hungry bums. Please read your notice carefullyit includes important details about the case and the settlement, including your options and the deadlines to exercise those options. Click here to review the Parrish affidavit. Settlement Update Posted January 14, 2021 Just like the ones who claim to use household movers guide although they dont haul household goods. 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 rest will be awarded an amount commensurate with their own employment time. Swift was my first trucking job back when I got my CDL in 2010. Significant documentary discovery was exchanged as well. The court expects to hear argument on the motion during the week of February 13, 2017. Swift responded on October 9, 2015 (Dkt 689), and Drivers replied on October 22 (Dkt 695). Among other things, it prevents employees from having access to much of the internal company documents that can be necessary to win their claims. Posted on Tuesday, June 14 2011 at 2:45pm, Plaintiffs have filed a motion with the District Court to have the case returned to the District Court in light of the high expenses that would be required for individuals to arbitrate their claims. Human still has to. (277 Motion to Lift Stay, Motion to Vacate.pdf 317KB), Oral argument was held by the 9th Circuit on the Plaintiffs Mandamus Petition. Although we hoped Judge Berman would keep the case, venue transfer motions are easy ones for defendants to win. X | CLOSE. We use cookies to improve your experience on our site. Aside from the fact that I dont have to deal with load boards. 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. 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. Click here to review the arbitration decision. Road Trip from London to Holland for Tulips. No one will get less than $250 (drivers with the shortest employment time). If you received a settlement check and need IRS tax forms, please contact the settlement administrator, Settlement Services Incorporated, at 844-330-6991 or claims@ssiclaims.com. public transport to Haarlem. We understand there may be some concern and confusion regarding interpretation of certain provisions of the new ICOA issued on January 9, 2017, and the effect of those provisions on your rights in ongoing legal proceedings, including the lawsuit currently pending in the United States District Court in Phoenix, Arizona, titled Van Dusen v. Swift Transportation Company Inc. We are sending this message to clarify that the new ICOA will not interfere with your rights to participate or recover monetary relief in ongoing court proceedings in existence on January 9, 2017. That fuel amount is placed on fuel card (only for fuel!!!!). 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. Swift said that a private equity company called Shamrock Holdings was the one to purchase her masters from Braun but that Ithaca Holdings would still profit off her old music for "many years .