When you receive your notice, please read it 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 Case Management Plan in the case. If you are already a plaintiff in this case, you may call us if you wish us to send the letter on your behalf. If a driver participates in such a meeting, he or she should request a copy of any papers that they are asked to sign. Please be patientU.S. Although such writs are sparingly granted, Plaintiffs believe there are strong grounds for the 9th Circuit to hear the issue at this time. This is a big milestone, said driver attorney Dan Getman according to the Wall Street Journal. Defendants also asked the Court to permit them to make a motion to transfer venue of the case to Arizona that is to seek home field advantage. last edited on Wednesday, February 9 2011 at 9:36am, Posted on Friday, December 10 2010 at 12:49pm. Now that the Arizona District Court has ruled against Swifts arbitration motion, and said that the case must remain in federal court, the next step after these appeals will be to revisit the class and collective action motions. Why you waited until they stab you? 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 . Swift now may have to pay drivers millions of dollars in back wages. Lease Purchase Program | Success Leasing, INC. 1, Report #1490689. I Need CDL Training Another important decision was rendered by the trial judge in this case, U.S. District Judge Sedwickin Collinge.v.Intelliquick finding drivers very similar to Swift drivers to be employees as a matter of law. Hope the fallout doesnt effect the rest of us, leased to other companies, too severely. Please select the number of verifiable months youve been driving professionally using your Class A CDL within the last 3 years. I pay collision insurance, bobtail insurance, Occupational insurance, prepass, Qualcomm, fuel, all maintenance, yearly FHUT, fuel taxes, and the only thing I dont have is my own authority. The most important result of this decision is that the case cannot go to arbitration, as Swift argued it should, and will instead remain in the federal court where it was initially filed. We will file our Motion for Summary Judgment on the Federal Arbitration Act Section 1 Exemption in mid-June, and defendants will have a month to respond to our motion. Swift replied to Plaintiffs response to their motions to compel discovery (674) on August 14th. On February 27, 2018, the Ninth Circuit stayed this case pending a decision by the Supreme Court in the New Prime v. Oliveira case, in which the Court considered whether the Federal Arbitration Act applied to interstate truckers. This is a serious and negative ruling that makes many aspects of the case more difficult for us. Funny how you should mention that in January, and 3 months later its a reality. You'll drive for the carrier who leased your truck to you. The Court has scheduled a final fairness hearing to consider the response of the class and whether to approve the settlement on January 22, 2020, at 10:00 a.m. at the Federal Courthouse in Phoenix, AZ. Click here to review the arbitration decision. Drivers disagree, maintaining that this information is necessary for the Judge to be able to rule correctly on the question. Posted on Tuesday, June 29 2010 at 11:33am, Plaintiffs have renewed their motion for a preliminary injunction in this case.

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