Hagens Berman has filed a class-action lawsuit on behalf of all employee truck drivers against trucking company Swift Transportation. The lawsuit seeks recovery for an alleged years-long practice of shortchanging drivers for the actual miles they drive from location to location.
The suit claims that Swift ignores reports from drivers showing the actual miles driven, and instead uses an artificial calculation that credits drivers for significantly fewer miles.
Comparing one trucker's actual miles driven to the miles paid for by Swift show the company reducing trips by up to 140 miles when paying the trucker, the suit claims.
According to the complaint, Swift used this shortchanging practice for several years, and other major trucking companies may also have engaged in this unfair, illegal tactic.
Hagens Berman seeks to hold Swift and any other companies involved responsible for repaying each driver fair compensation for the actual miles driven versus the low figures utilized by the company's formula.
The suit seeks to represent all Swift Transportation drivers employed on or after 1998 and who were paid on the basis of miles driven. To see if you or others you know qualify to participate in this lawsuit, please contact us for more information.
Drivers who worked for the company between 1998 and the present and who believe they may have a legal claim can contact the firm.
Additionally, we are also looking at issues relating to the payment of Driver Managers. If you or anyone you know has information regarding Driver Manager pay, please have them contact us.
On Apr. 7, 2022 the Arizona Supreme Court denied the plaintiff’s petition. The case’s plaintiff has no further legal remedies, and the case is over.
On Oct. 7, 2021, the Arizona Court of Appeals affirmed Judge Thomason’s decision. Plaintiff filed a petition for review with the Arizona Supreme Court.
On Jan. 21, 2020, the Honorable Timothy J. Thomason decertified the class and granted Swift’s motion for summary judgment. Judge Thomason also vacated the trial. Plaintiff Garza has 30 days from the entry of judgment to file an appeal to the Arizona Court of Appeals and currently plans to do so. Plaintiff and his counsel, however, are evaluating the options, and will update this website with more information in the near future.
If you drove for Swift Transportation Co. as an owner operator on or after Mar. 6, 2001, or as an employee driver, on or after Apr. 9, 2009, you are a member of our certified class. The trial court has certified one claim for class-action treatment: breach of contract based on a breach of the covenant of good faith and fair dealing related to Swift’s payment methodologies. In July, 2016, the Arizona Court of Appeals affirmed that the case should proceed on that claim as a class action. In early 2017, the Arizona Supreme Court declined to review the Court of Appeals’ decision, meaning Swift has no additional avenues to challenge certification of the breach of contract claim. We are currently in the final stages of discovery and preparing for trial. The trial court has set a trial for Feb. 24, 2020, through Mar. 12, 2020.
On Jan. 10, 2017, the Arizona Supreme Court denied review of the Arizona Court of Appeals reversal of Judge Gama’s July 13, 2015 order decertifying the class. In light of this victory for our class of drivers, we will be looking to schedule trial as soon as possible. We will continue to update you and other drivers as more information becomes available.
In response to the Arizona Court of Appeals opinion reversing Judge Gama’s Order decertifying the class, Swift has filed a Petition for Review with the Arizona Supreme Court. Our firm, as class counsel, will have thirty days to file a response to Swift’s Petition. Swift will only be able to file a Reply if ordered by the Court. If the Arizona Supreme Court accepts Review, another set of briefs will be due to the court. If the Arizona Supreme Court denies Review, the case will go back to the trial court and we will request a new trial date be set as soon as possible. This website will be updated periodically as more information becomes available.
The Arizona Court of Appeals reversed Judge Gama’s July 13, 2015 order decertifying the class. The Court issued a written opinion finding that the case was manageable as a class action. Swift has thirty days to file a Petition for Review with the Arizona Supreme Court, if it decides to challenge the Court of Appeal’s decision. If Swift does not file a Petition for Review in thirty days, the case will return to the Maricopa County Superior Court and be set for trial. This website will be updated periodically as more information becomes available.
Judge Gama granted Swift’s Motion to Decertify the Class. In light of the Court’s Order, the class action trial scheduled for October will be cancelled. Hagens Berman will appeal the Court’s decision, but cannot do so until a judgment is entered. The appeals process is time consuming and will not be completed until 2016, at the earliest. This website will be updated periodically as more information becomes available.
The case trial date has been rescheduled and will take place in October.
Notice was mailed to each class member providing an explanation of each individual’s legal rights and options in this lawsuit.
The Arizona Supreme Court has declined to review a trial court’s decision to certify a broad class action based on a 2008 appellate court decision that was vacated, which means the case will now proceed to trial.