Arizona Supreme Court Rules Swift Corporation Must Face Employee Claims in Court

09/06/2011

PHOENIX – After eight years of legal proceedings, an Arizona Supreme Court ruling has concluded that truckers working for Swift (NYSE: SWFT) who claim the company routinely shorts drivers for mileage may take their case to trial.

The truckers, represented by Hagens Berman, claim that Swift uses an artificial calculation that results in drivers being paid for significantly fewer miles than they actually drive.

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.

“We are pleased that the court agreed with us that Swift drivers deserve to take this case to trial,” said Rob Carey, a partner in the Phoenix office of Hagens Berman. “We believe that the company illegally took millions in unpaid wages from its drivers.”

According to the complaint, originally filed Jan. 30, 2004, in the Superior Court of the State of Arizona for the County of Maricopa, Swift short-changed drivers using a database that, on average, shorts drivers a significant percentage of their mileage — and hence their pay.

“We believe that the software program chosen by Swift is not compatible with the company’s obligations under the drivers’ employment agreements,” said Carey. “We look forward to pointing out this inconsistency in court and recovering drivers’ lost wages.”

Hagens Berman is interested in speaking with Swift drivers who worked for the company from 1998 to the present. Drivers or former drivers can contact the firm by emailing Swift@hbsslaw.com or by calling 206-623-7292. More information is available at http://hbsslaw.com/cases/swift-transportation.

The lawsuit alleges that Swift is guilty of breach of contract and breach of the implied covenant of good faith and fair dealing based on its alleged failure to pay for all miles driven.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Contact
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363


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03/11/19: Current Case Status

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.

More information about this case can be found through the class website at www.SwiftTruckingClassAction.com. This website, as well as our own, will be updated periodically as more information becomes available.

02/22/17: Settlement Website

Those affected are encouraged to visit the Swift Trucking class-action settlement website for more information » www.swifttruckingclassaction.com

01/10/17: Current Case Status

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. 

08/12/16: Swift files Petition for Review with Arizona Supreme Court

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.
 

07/12/16: 07/12/16: Decertification Order Reversed

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.

07/13/15: Class Decertified

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.

11/01/14: Trial Rescheduled

The case trial date has been rescheduled and will take place in October.

07/01/13: Notices Mailed

Notice was mailed to each class member providing an explanation of each individual’s legal rights and options in this lawsuit.

09/06/11: Case Proceeds to Trial

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.

01/30/04: Complaint Filed

Hagens Berman files complaint against Swift Transportation.