DONATE NOW! The Final Fairness Hearing has been scheduled for January 22, 2020 at 10:00 a.m. at the Federal Courthouse in Phoenix, AZ. That ruling was important for many reasons first, it prevented the case from being sent to arbitration, and second, the Court agreed with Plaintiffs that drivers are employees as a matter of law. Plaintiffs Granted the Right to Appeal Posted on January 20, 2012. Click here to review Swift and IELs response to our motion. Their main goal is to grow larger, buy out smaller companies, push owner ops out of business and monopolies the transportation industry. For more information on arbitration cases generally, see http://www.tlpj.org the website of a public interest law firm primarily working on arbitration issues. No Money down. While this issue is pending, the drivers have served discovery demands on Swift for documents and data related to the employment/contractor misclassification question and are awaiting Swifts response. Wonder if this why I was just fired last week from swift as they said was from log violations. Please. We will update this webpage as the situation develops further. Not paid for practical miles Tennessee Chatanooga. Funny how you should mention that in January, and 3 months later its a reality. The 9th Circuit Court of Appeals has agreed to to permit an appeal of Judge Sedwicks decision to send the case to arbitration. Not to worry though, I am confident Swift will appeal and the Judge Sedwicks ruling will be overturned. The Plaintiffs lawyers in this case were required to take steps to protect these claims from interference by a proposed class action settlement in theEllis v Swift Transportationcase. Drivers disagree, maintaining that this information is necessary for the Judge to be able to rule correctly on the question. Even though I can tell them door to door what the miles are. The Swift Transportation settlement is on schedule, and we do not anticipate any delays. Because the case is not concluded, appeals are discretionary and must be approved by both the District Court and the Appeals Court. What goes around comes around and God does not like ugly. Plaintiffs lawyers in this case are reaching out to the Plaintiffs attorneys inEllis v. Swift, to see if our concerns can be addressed in such a way that the drivers can participate in that settlement and avoid giving up claims that are asserted in this case. If you need to update your mailing address or other contact information, please contact the settlement administrator, Settlement Services, Inc., at 844-330-6991. PR Newswire. The lawsuit also detailed that. The entire swift growth began on back stabbing and throat cutting practices and this penalty is a mere rap on the wrist.. CRST should also be in the mix if trucking companies being sued. The judge however ruled that due to the terms of their lease agreements with Swift, the drivers as a practical matter, had to drive for Swift, and that because of that, the company was in total control of their schedule, making them employees. But we still make that weekly truck payment. The fuel approximated for entire trip, is then subtracted from wat the load milage would pay, for the load/trip. You forgot Prime and Knight. Two, they drive freight costs down by lowballing bids to levels that make it impossible for smaller and independents to compete. Always figure 14 % Of what u drive is free miles and time. Your own authority is the correct answer. The 9th Circuit Court of Appeals has set March 16, 2018, at 9:30 a.m. PST to hear oral arguments on Swifts appeal of the District Courts January 2017 ruling that this case cannot go to arbitration because the named-plaintiff drivers were/are employeesnot independent contractorsas a matter of law. We are located immediately next to New York Thruway Exit 18, which has ample truck parking just at the toll plaza. If you are being billed for the full amount of remaining lease payments, download and attach the declaration of Ms. Parrish in that post which states that IEL does not actually collect full remaining lease payments. Posted on Monday, April 12 2010 at 4:22pm. We will post more as new information becomes available. last edited on Wednesday, February 10 2010 at 4:49pm, Posted on Thursday, December 24 2009 at 3:04pm. They have alot of great music, check them out. I intend to find out. If the settlement is approved by the Court, it will resolve the claims of roughly 20,000 owner operator drivers (since 1999) in this case. Click here to read Plaintiffs Response Brief. Click here to read the brief in support of Plaintiffs PI motion. Also, the Federal Arbitration Act and the Arizona Arbitration Act bar enforcement of arbitration for employees in interstate transportation. Swift offers several lease programs to help drivers get into their own vehicle. The claims administrator, Settlement Services, Inc., will begin mailing out settlement checks within ten days after the funding of the QSFMonday, April 6. I dont believe none of this. Settlement Services, Inc. (SSI) Claims Administrator: 844-330-6991, Filing/Postmark Deadline for Disputes as to Calculations: October 15, 2019, Swift Settlement Update Posted August 16, 2019. Hire drivers on, as lease operators. The Ninth Circuits ruling was a critical decision in favor of the drivers, since it meant that the District Court must decide whether the ICOA/Lease constitute a contract of employment, and if the Court found the contract to be one of employment then the case would never go to arbitration. I was owner operator in swift transportation for over five years my home terminal was Wilmington,CA. I give my express consent authorizing TruckersReport and its. Ive been driving tractor trailer for 44 years had the old class D 1971 class A CDL grandfathered 1989 this is America Trucking industry the trucking industry is going to fall theres no great trucking company to work for in America theyre all vultures. Dan Getman, the attorney for the plaintiffs in this case will be speaking about the Swift case with Evan Lockridge on his show the Lockridge Report, Thursday, February 11, 2010, on Sirius XM Satellite Radios Road Dog Trucking channel 147 (the Lockridge Report airs weekdays 2 pm eastern/1 pm central). 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. Swift Settlement Update Posted March 12, 2020. While the issue is fairly technical, it is an important one for truckers. Click here to review Defendants Letter Brief requesting transfer of the case to Arizona. (277 Motion to Lift Stay, Motion to Vacate.pdf 317KB), Oral argument was held by the 9th Circuit on the Plaintiffs Mandamus Petition. Click here to read the brief in support of the motion. Plaintiffs are very happy that the Court has agreed to hear our appeal, as an earlier panel of the 9th Circuit has already ruled that the decision to send this case to arbitration to decide if the drivers were legally deemed independent contractors was in error. The court has asked Plaintiffs to respond no later than February 10, 2017. Plaintiffs Move to Enjoin New 2017 Contract, Certify Class and Collective; Swift Moves to Stay Posted January 31, 2017. Its all subsidiary companies that own all of Primes trucks. (FINAL Letter Brief Opposing Transfer.pdf 70KB) Any truckers interested in seeing the 90 pages of exhibits that were attached to the Court filing should contact Getman Sweeney for a copy. During the legal battle, Swift argued that drivers could choose to refuse loads, or take loads from other companies. Plaintiffs moved to dismiss that appeal, but that motion was denied by the Circuit. If the Supreme Court does not stay the case while it considers whether or not to take the case, the current stay will expire. 6-11 Months So your telling me there is a 500 mile zip code variance? The lawsuit also claimed that since. Nevertheless, the Ninth Circuit refused to grant the mandamus petition and order the District Court to reverse the prior decision sending the case to arbitration. THIS MESSAGE HAS BEEN APPROVED BY THE COURT IN VAN DUSEN. First, Plaintiffs ask the Court to forbid Swift from taking collections measures (including negative DAC reports) on any driver deemed to be in default. Second, Plaintiffs ask the Court to forbid Swift from requiring drivers to agree to contract changes under threat of being put in default.Click here to read the brief in support of Plaintiffs PI motion. Calabasas {Calif.) Luxury Motorcars wants a federal court to to permanently block BMW and Mercedes-Benz restrictions on lease buyouts to third-parties and . JUDGE SEDWICK GRANTS PRELIMINARY SETTLEMENT APPROVAL - Posted May 8, 2019. Period end of story! Try CR England our for size !! 4) mid-contract changes demanded by Swift or IEL under threat of having the truck repossessed or the driver put on safety hold until a signature is given. SETTLEMENT SERVICES, INC. (SSI), at 844-330-6991. they sent me another load to a different place and I refused the load and they fired me immediately they forced me to give back the plates and permits under menace to call the police,I had to come back to CA bobtail and without license plate,sad but true. The drivers brief will be due July 22nd. (17 frist amended cplt.pdf 869KB) Defendants have not yet answered the complaint. The lawsuit claims that Swift misclassified truck drivers who leased trucks through the company as independent contractors, when in reality they acted like employees. Defendants must respond by February 7th, and Drivers will reply to their response on the 10th. However, Landstar drivers can only haul for Landstar agents. The Swifties are seeking a penalty of $2,500 for each violation, which could add up, based on the millions of angered fans who did not receive tickets. However, over Plaintiffs objections, the District Court stayed the case for the duration of the appeal. If you need to update your address or other contact information, please call Settlement Services, Inc. at 844-330-6991. Swift now may have to pay drivers millions of dollars in back wages. The mandamus petition seeks the intervention by the 9th Circuit to direct District Judge Sedwick to hear the question of whether Plaintiffs are actually employees (under Section 1 of the Federal Arbitration Act) before sending the case to Arbitration. We expect that the 9th Circuit will agree to take the appeal. (69-2 Supplemental Memorandumn.pdf 133KB), Posted on Wednesday, March 31 2010 at 4:21pm. As employees, Swift would need to have paid drivers at least minimum wage, and drivers would have been eligible for benefits including health insurance. Oral argument is open to the public. You may be part of the class action if the Court later certifies the case as a class action. However, certain claims under the Fair Labor Standards Act are not covered in the case until your Consent to Sue Form is returned to the plaintiffs attorneys and then filed with the Court. When Does AB5 and The ABC Test Apply to InterstateTrucking? Video Update About Status Of The Case Posted on January 25, 2012. I was paid for 3000. The very first line in my JB Hunt contract states that I am not an employee and a few lines later says this is an at will contact and can be terminated by either party with notice. The attorneys for the Plaintiffs in the Van Dusen case are: DAN GETMAN, GETMAN, SWEENEY & DUNN, PLLC., (845) 255-9370. While the Court did not sanction Swift, Judge Sedwick also did not grant Swift the stay it had sought. Posted on Thursday, April 21 2011 at 11:50am. 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. . This is a big milestone, said driver attorney Dan Getman according to the Wall Street Journal. The courts video feed of the argument is available here. 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. Click here for a sample letter to use. The law of truck driver misclassification as independent contractors continues to develop, with many courts finding drivers misclassified. last edited on Wednesday, October 20 2010 at 5:33pm, Posted on Tuesday, October 19 2010 at 6:08pm. The Ninth Circuit yesterday gave Plaintiffs good news when it ruled that the petition for a writ of mandamus raises issues that warrant a response. And Uncle Sam needs to put em in jail too for even thinking about trying to avoid their responsibility to their drivers and people wonder why rates wont rise yet the same rats that are getting away with this are the same that keep running to DC to get all types of laws passed to drag down the little man that plays by the rules??? Like PT Barnum said there is a sucker born every minute. It also means that the case should be back in full swing in the District Court after a long stay. I think as long as you own the truck and your name is on the title also you should be fine. 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. Paste this link into your browser to listen to the argument: Section 1 of the FAA exempts from arbitration contracts of employment of . A lot of owner/ops lease on with other companies. Having your own authority paying your own insurance, getting your customers is what makes youIndependent..!!!! 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. By continuing to use our website, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. A class-action against Swift itself would be much larger, involving up to 15,000 drivers, said Mr. Getman, who also represents the Central Refrigerated drivers. We will post further updates shortly to let you know just how we intend to use this ruling to ultimately prevail and force Swift to comply with the law. Nevertheless, Swift has refused to meaningfully participate in discovery in the District Court, despite the denial of a stay. The ruling came just a few days after Swift Transportation founder (and newly minted billionaire) Jerry Moyes stepped down as CEO of the company. The Drivers believe that other factors illustrate the relationship between Swift and the Drivers (Dkt 15-15257 21-1). Prime should be sued next, lease ops can not haul other freight, and have no choice on loads. The settlement agreement was presented to U.S. District Judge John W. Sedwick, who granted preliminary approval. Swift claims it will be filing a petition for certiorari with the Supreme Court asking it to reverse the Ninth Circuit. Click here to read Plaintiffs Reply brief. Taylor Swift's lawyers have said "It's on," effectively, to a Utah theme attraction, Evermore Park, that sued Swift earlier in February, alleging that her "Evermore The Settlement Notice is scheduled to be mailed today, August 16, 2019. In response to Swifts unwillingness to cooperate in the discovery process, Drivers filed a Motion for Sanctions (Dkt 684) on September 22, 2015, including a request that the Court finds Swift in contempt of Court and to fine Swift each day until they comply with all outstanding discovery. In addition, under wage protections statutes, plaintiffs seek to compel Swift to reimburse truckers for the various deductions from their pay, including truck lease, insurance, gas, tolls, maintenance, etc. Click here to review our letter brief. The approval order appoints SSI to act as Settlement Administrator and directs that SSI send notice to each affected class member informing them of their tentative settlement share and advising them how to make a claim or exclude themselves from the case, or how to object to the settlement. While the appeal moves slowly, we have every reason to be optimistic about a favorable outcome. With a lot of big rigs costing between $80,000 and $200,000, the only option is to seek lease purchase trucking companies to help pay for your rig. Swift Settlement Update Posted March 27, 2020. We argue that the FAA does not apply because the Plaintiffs are really employees as a matter of law, and FAA section 1 exempts interstate transportation employees such as the Plaintiffs (and the AAA does not apply to employees). Their lies have benefited them at the expense of destroying many a drivers careers. They alleged that the drivers were not independent because Swift was able to terminate the lease for any reason and demand that all lease payments be made despite termination of the lease. Click here to see Swift and IELs reply. Posted on Friday, September 9 2011 at 2:33pm. On Monday, November 16th, 2015, the 9th Circuit Court of Appeals heard oral arguments on the defendants interlocutory appeal and petition for a writ of mandamus appealing the district courts scheduling order. Please continue to check back here for further updates, and if any of your contact information changes, please call 844-330-6991 to update it. If the drivers are employees, the case cannot be sent to arbitration. Retaliation is extremely rare in overtime cases, because an employer can suffer such serious penalties. When you dispute the debt and request validation, by law, the debt collector must verify the debt claim and must cease debt collection activities during this time period. A federal judge on Thursday denied a request by Taylor Swift to throw out a copyright infringement suit accusing her of stealing lyrics in her 2014 . We will update our website if the acquisition affects our litigation in any way. I need tbe money. Judge Sedwick was considering three motions, Plaintiffs motion for permission to mail a collective action motion to all owner operators, Plaintiffs motion for a preliminary injunction, and Defendants motion to move the case to arbitration. While GSD does not expect a quick settlement, we are confident of our chances of ultimate success in this case. Since Swift is the largest truckload carrier in the United States however, the number of drivers who could file claims against them could be as high as 15,000. . And we believe that no driver should be forced to participate in this meeting. We now await the decision of the Ninth Circuit. the claim that drivers could go outside the company to get loads was a tiny clause in their contract with such financial penalties and obstructions that you knew the company put this in the contract for possibility of using it as part of a claim to back a legal argument. Today, Swift has fileda petition for Mandamusasking the Ninth Circuit to rule that Judge Sedwick acted in clear error by stating he will consider evidence beyond the contract and that no other legal avenue is available to correct this error. While the lawyers believe the Courts decision is a good sign, we cannot be sure when the Circuit will make a decision on the case. The company people use it on vacation, that few of the drivers get to take! Schipol airport to Rotterdam 12:39 pm. On January 15th, 2019, 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. Probably has a gambling problem. Plaintiffs objected, noting that the Lease agreement requires that claims be heard in Court. 5 years and more than 200,000$ down the drain. Im sure Swift was astonished that their arbitration agreement was rejected. 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. Plaintiffs also argued that the arbitration clause was unconscionable and the defendants had waived the argument through their litigation tactics. If you have not received a notice within a week or so, please contact the claims administrator, Settlement Services, Incorporated (SSI), at 844-330-6991. (2.22 Def Letter Reply re Venue.pdf 354KB) The matter now sits with Judge Berman. Swift is publicly owned. By checking this box and clicking the "Send me job offers" button below, I represent that I: By checking this box and clicking the "Send me job offers" button below. QUESTIONS ABOUT THE ELLIS V SWIFT SETTLEMENT RAISED July 30, 2014. This letter should state that you dispute the debt claim and request verification of the claim. The motion asks the Court to rule that Plaintiffs are likely to win the case on the issue that the Lease/ICOA is unconscionable. Specifically, Plaintiffs claim that the ability of Swift to fire owner operator drivers for any reason or no reason, to then declare this firing as a default by the driver, to take repossession of the truck and still demand all payments that would have been due, even though the driver no longer has the truck, are so unfair as to be unconscionable under the law. If you have any questions about these points or any others, you can consult with an attorney. Aside from the fact that I dont have to deal with load boards. Where I have my truck signed on Im said to be independent contractor, but cannot haul freight for anyone but them, do not have choice of loads and have to take what they give me called forced dispatch , I found a load one time and they got pissed told me I do not call the shots. If you are already a plaintiff in this case, you may call us if you wish us to send the letter on your behalf. And all of these costs will ultimately be borne by Swift if the arbitrator rules for Plaintiffs. The drivers in this case relied on a recent US Supreme Court decision to their advantage: In. (LogOut/ After attorney fees and other costs, drivers will receive their share of about $4.3 million, averaging around $217.50 per class member. If the settlement is approved by the Court, it will resolve the claims of roughly 20,000 owner operator drivers (since 1999) in this case. If you have not received a notice, please contact the claims administrator, Settlement Services, Incorporated (SSI), at 844-330-6991. WOW! Author: TN, Chatanooga. The lease purchase program is a convenient way to own your own truck. Posted on Thursday, October 7 2010 at 9:38am. Swift then filed Motions to Compel Discovery of Plaintiffs (646and649) on July 22nd, and filed Motions for a Protective Order (652and654) on July 20th. Instead, Swift argues that the District Court erred by considering the Lease as well as the Contractor Agreement in reaching its decision. So, the drivers filed a motion in the District Courtto compel Swift to answer discovery. On November 6, the 9th Circuit Court of Appeals ruled that the District Court erred by sending the case to arbitration. This stay application is not surprising, since Swift has shown it will do anything it can to avoid or delay having the Court hear the drivers case. (4 Order re Response to Mandamus.pdf 28KB) A writ of mandamus is an extraordinary remedy and one that the Court does not generally grant. Being leased to someone is not being an Independent Contractor. The issue of whether drivers were treated by Swift as employees is now moving closer to resolution. 2017 or newer Freightliner, Peterbilt or Volvo. Plaintiffs in this case relied upon theNew Primerationale as one of the reasons for affirming our District Court decision. Here's the PayPal info: https://www.paypal.me/truckertodd806 Here's the Cash App $cashtag:$truckertodd806My Venmo is:@truckertodd806Link for the Mudflap app to save on fuel: https://www.mudflapinc.com/truckertodd Objectionto the proposed Ellis class settlement. Zip to zip is just another way to rip you off. The courts video feed of the argument is available here. Tennessee, Chatanooga. The court expects to hear argument on the motion during the week of February 13, 2017. Plaintiff drivers filed aReply Brief. If you believe otherwise, you are wrong ! Its disturbing that alot of workers side and defend big corporations that screw them over. On April 5th, Judge Berman transferred venue in the case to the U.S. District Court for the District of Arizona. I am leased to Universal but haul Landstar freight quite often and I know they do the same thing. With that .90 each load/trip first has the miles calculated empty/loaded to pick up-delivery. 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. These companies know exactly how many miles it is dock to dock or address to address. The cases are in a legal limbo as the AAA recognizes that the arbitration clause drafted by Swift and IEL requires an arbitrator to determine whether the claimants are exempt from having to pay the filing fees. Swift was my first trucking job back when I got my CDL in 2010. Ill gladly take whatever I get from this. While positions were discussed, no resolution was reached at that time and no further on-going discussions are currently planned. If you have not received your check within three weeks (by 5/4/2020), please contact SSI. 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. After Swift filed itsPetition for Mandamusasking the Ninth Circuit to find that Judge Sedwick acted in clear error by stating he will consider evidence beyond the contract to determine if the drivers are employees, the Ninth Circuit asked Plaintiffs to file anOpposition to Swifts Petition For Mandamuswhich was filed on June 10, 2014. The case is closed and Settlement checks have been mailed to participating class members. The question of whether the District Court had the authority under the FAA to send this case to arbitration is now before the 9th Circuit for decision. Posted on Thursday, March 25 2010 at 9:38am, Plaintiffs have responded to Defendants request for permission to move to transfer the case to arbitration. Plaintiffs have amended the complaint to raise claims under the federal Forced Labor statute, 18 U.S.C. Swift Vows to Take Case to Supreme Court December 10, 2013. We do not anticipate that the acquisition will affect either our litigation against Swift Transportation or our litigation against Central Refrigerated. Click here for decision. The Court of Appeals for the Ninth Circuit has set oral argument on the Plaintiffs mandamus petition for Monday May 9, 2011 at 9 am. of Industrial Relations) has generally agreed with the plaintiffs. However, the Courts ruling now indicates that the Court will seriously consider whether the District Judge erred in sending this case to arbitration. Posted January 11, 2017. InMontalvo v. Swift Transportation Co. of AZ, LLC,andCalix v. Central Refrigerated Service, Inc.,the plaintiffs claimed that Swift and Central violated various California state laws for failing to pay drivers minimum wage for the time spent at Swifts and Centrals new hire orientation in California from July 12, 2007 to July 10, 2015. We will post further updates as information becomes available. Edward Tuddenham argued the motion for Plaintiffs. Click here to review the Case Management Plan in the case. Posted on Thursday, April 21 2011 at 11:53am. Please be patientU.S. The Wall Street Journalpublished an article on this decision on 1/12/2017:Federal Judge Deals Swift Transportation Legal Setback Ruling finds trucking company improperly treated some of its drivers as contractors rather than employees, Court Rules Drivers are Employees! We also seek to stop Swift from making mid-term changes disadvantageous to drivers to the ICOA contract. In order to argue against Plaintiffs motion for a preliminary injunction barring Swift and IELs collections for the full amount of the remaining lease payments following their putting a driver in default status, Swift has filed a remarkable affidavit, stating that Defendants will demand the full remaining lease payments in its demand from drivers, but will not, in fact, seek all remaining payments.
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