Court Green-Lights Swift Trucking Class Action


PHOENIX – Truck drivers who claim that Swift Transportation routinely shorted them in pay will get their day in court after all, when an Arizona appellate court judge reversed a lower court decision which effectively dismissed the case.

The order reverses the class certification ruling on a consolidated class-action complaint filed June 8, 2005, which alleges the trucking giant uses a flawed method to calculate mileage, shorting the drivers.

"We are very happy that the appellate court ruled in our favor," said Hagens Berman Sobol Shapiro attorney Rob Carey. "Since we filed the complaint, we've heard from numerous Swift drivers that Swift's mileage calculation method robs them of fair compensation. These drivers deserve their day in court, and now they'll get it."

The class-action suit originally sought to represent 'all persons who contracted with Swift Transportation with a contractor agreement on the East Coast.' The plaintiff moved for class certification on July 31, 2006, but the lower court denied the motion, ruling the plaintiff didn't have a claim under his proposed definition of the class and had not met the requirements to proceed on behalf of a class. In the memorandum decision reversing the trial court, the Arizona Court of Appeals found that the plaintiff does have a claim and can represent the interests of all affected contract drivers.

The case claims that rather than paying drivers on actual miles driven, the company calculates mileage using mileage charts. The suit claims that in doing so, the company arbitrarily assigns physical locations in large cities rather than determining the actual distance to a delivery destination within the city to shorten drivers' miles.

According to court documents, Swift's manager of contract finance from 1998 until 2002 admits these calculations consistently average six percent less than what drivers actually log.

The lawsuit alleges breach of contract, breach of the implied covenant of good faith and fair dealing based on Swift's failure to pay for all miles driven, and failure to accurately calculate miles.

# # #

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 eight times. More about the law firm and its successes can be found at Follow the firm for updates and news at @ClassActionLaw.

Ashley Klann

Hagens Berman purchases advertisements on search engines, social media sites and other websites. Transmission of the information contained or available through this website is not intended to create, and receipt does not constitute, an attorney-client relationship. If you seek legal advice or representation by Hagens Berman, you must first enter a formal agreement. All information contained in any transmission is confidential and Hagens Berman agrees to protect information against unauthorized use, publication or disclosure. This site is regulated by the Washington Rules of Professional Conduct.

Back to all cases

Case videos

Case Gallery

Case Timeline

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 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 »

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.