Schipol airport to Rotterdam 12:39 pm. Swift Transportation and their Lease Purchase Plan We expect Judge Sedwick to reaffirm his prior ruling that he will hear the evidence to determine if drivers were misclassified and are in fact employees and not make the decision solely on the basis of the contract. The class action complaint alleged that the drivers were really employees of Swift and were misclassified as ICs. Pretty soon theyll tell you we pay as the crow flies. 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. The case law supports Drivers view. Swift filed two appeals with the 9th Circuitan interlocutory appeal and a Petition for Mandamus, both essentially arguing the same issuethat the discovery and scheduling order that Judge Sedwick issued amounts to a trial on the merits of the case, and prejudices the defendants. We understand there may be some concern and confusion regarding interpretation of certain provisions of the new ICOA issued on January 9, 2017, and the effect of those provisions on your rights in ongoing legal proceedings, including the lawsuit currently pending in the United States District Court in Phoenix, Arizona, titled Van Dusen v. Swift Transportation Company Inc. We are sending this message to clarify that the new ICOA will not interfere with your rights to participate or recover monetary relief in ongoing court proceedings in existence on January 9, 2017. 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). . Click here to read the Court of Appeals ruling. The lawsuit claims one portion of the scheme alone a $50K broker fee per lease could have cost the retailer at least $40M in excess payments. Dont be stupid. Furthermore, in accordance with the Courts order compelling arbitration, on October 8, 2010, Plaintiffs have filed a demand for arbitration with the AAA on behalf of all Plaintiffs, including those who have already joined the case. Since Levy and Vinson controlled the. Swift also couldnt defeat the class action by way of a class action waiver. last edited on Friday, December 10 2010 at 12:53pm, Posted on Monday, December 6 2010 at 9:29am. ALSO, DRIVERS WHO HAVE CONTACT INFORMATION (SUCH AS NAME, TELEPHONE # OR ADDRESS) FOR FORMER MANAGEMENT EMPLOYEES OF SWIFT AND IEL ARE ENCOURAGED TO CALL JANICE PICKERING OR KATHY WEISS TO GIVE CONTACT INFORMATION. Blood suckers each and everyone of these companies!!!!! Despite numerous decisions to the contrary from Judge Sedwick, Swift continues to argue that the question of whether this case should go to arbitration (and, by extension, whether Drivers are Independent Contractors or Employees) hinges only on the evidence from the Contractor Agreements, and not from any other source of information (Dkt 15-15257 16-1).

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