Newsletters - Posted 10/22/2013 Swift Transportation Short Miles Class Action Law Suit

Driver Comments at Bottom of Page

 

 Scroll down to next article for all contact info.

Update 01/15/14

Thanks to Robert Horton, who reminded me that I owe everyone an update on this important drivers class action lawsuit. Thank You Robert!

The Wheels of Justice Turn Very Slow  “Swift Transportation / Short Miles Class Action” lawsuit.  

This lawsuit was originally filed in 2004.  It has been thrown out, refilled, recertified, went to the Arizona Supreme Court, the Appeals Court and is now in the Arizona Superior Court,  Judge Richard Gama.  

In talking with the Lead Attorney Leonard Aragon of the Law firm  Hagens Berman Sobol Shapiro LLP .  Mr. Aragon’s “Legal Assistant” Audrey,  gave me the following info:

The GOOD NEWS:  A “Hard Date” of January, 2015 has been issued by  Judge Gama for the trial.  Audrey  indicated that Judge Gama  could have an opening in August 2014, however that is probably a big “maybe”.  Additionally Audrey said that an advisement would be sent out to the “Class/You if you are a member of this Class Action Lawsuit” as the dates firm up. 

Just an FYI – There are more than 62,000 drivers who fall into the time frame of this lawsuit.  If you need to find out if you are listed, you can obtain the contact info in next article down.

Stay tuned, and I will do my best to keep you updated.

Thanks for What you DO.

David Hull

 

 
Judge certifies class in short mile case against Swift Transportation
By Clarissa Hawes, Land Line staff writer

An Arizona Superior Court judge has certified a class action lawsuit in the short mile case against Swift Transportation Co., originally filed back in 2004.

Lead plaintiffs’ attorney, Leonard W. Aragon, of the law firm Hagens Berman Sobol Shapiro LLC, told Land Line on Aug. 19 that the judge essentially certified two classes of drivers, including employee drivers and owner-operators, who contracted with Swift.

The class has been defined as owner-operators who contracted with Swift after March 6, 2001, and as employee drivers, who worked for the company after April 9, 2009.

Aragon said class action notices have been mailed out to more than 62,000 drivers.

The lawsuit filed back in 2004 claims that Swift used the Household Mover’s Guide to pay drivers based on a estimated mileage calculation software program, instead of paying drivers for the actual miles they drove. The lawsuit alleges drivers’ pay may have been shortened by 7 to 10 percent based on HMG calculations.

“From what we have heard, they really haven’t changed this process at all,” Aragon said. “They have other mechanisms by which they could calculate actual miles driven, but they just don’t use those methods.”

Aragon said drivers who worked for Swift during the class periods, but did not receive a notice, should call 866-677-4812, or write to In re Swift Transportation Inc. Administrator, c/o KCC Class Action Services, P.O. Box 43190, Providence, RI 02940-3190, or visit the website for more information.

“Some of the population is fairly transitory, so they need to let us know if their address has changed,” he said.

Members of the class have until Sept. 13  (2013)  to decide whether to remain part of the class (do nothing) or ask to be excluded and maintain their right to sue Swift separately.

After several delays in the case, Aragon said it’s finally moving forward again.

“Swift has tried to delay this several times. It went up to the Arizona Supreme Court, and it went up to the Court of Appeals twice, but things are going to start moving fairly quickly over the next six to eight months,” he said.

Recently, Arizona Superior Court Judge Richard Gama appointed a “special master” to help oversee the discovery process after Aragon said Swift provided a witness that wasn’t prepared.

“Discovery is now taking place, the special master has been appointed, and he’s going to oversee and make sure Swift gives us what we need,” Aragon said.

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Copyright © OOIDA

More details about the lawsuit are available online

 

Class Action Lawsuit Options: 

Click Here:  http://www.swifttruckingclassaction.com/Documents/STR0001/STR_NOT.pdf 

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On 2013-08-28 at 03:32:30,
Name = D. Wall
Subject = Swift Trans Miles Lawsuit

Comment = Owe me over $1,000

 
 

On 2013-08-25 at 15:06:27,
Name = Ronald P
Comment = I was looking at my logs and worked for Swift in 2007. I was in Washington and hit a street light making a right turn and then Swift had me pick up a load and come to California and then get fuel at the swift yard and I did and was told to go into the office and the head manager said I was laid off.

 
Sat 8/24/2013 11:07 AM
DAWG 
i believe this same thing is happening at triad transport. they don't disclose they pay short miles while charging practical miles.
 
Fri 8/23/2013 4:15 PM
R. H.
( david, crst, is famus for that as well, class action law suit,s, at least, once a year,)
 
Fri 8/23/2013 2:22 PM
Also Werner has a class action suit against
Them as well, an inclusion class action
FYI

Liz 
 

On 2013-08-23 at 15:03:00,
The following information was submitted:
Name = D. B.
Subject = Swift Trans Miles Lawsuit
Comment = I am not a swifty, but this case should interest all drivers as it could lap over to more trucking companies. We can expect under the table assistance to swift from other major carriers because they don,t want to face the same problems as swift.

Go Drivers!!!

 

On 2013-08-23 at 01:55:47,
Name = T.H
Subject = Swift Trans Miles Lawsuit
Comment = I one of those people that they did pay me the miles I think

 

On 2013-08-27 at 09:55:09,
The following information was submitted:
Name = Art 
Subject = Swift Trans Miles Lawsuit
Comment = this is why I left and "THOUSANDS" of drivers after me left...low miles low pay and lots of aggravation from dispatchers that never have driven a truck let alone know how long it takes to cross city traffic during rush hour...too many times I stayed out begging for work and SAT! then when you did get a load it was for only 100/200 miles...I received 200.00$ paychecks frequently...cant see how they are still in business....you could put a gun to my head and threaten me...I still wouldn't go back there...ahhhhhhhh

 

On 2013-08-26 at 11:51:48,
The following information was submitted:
Name = KGS
Subject = Swift Trans Miles Lawsuit
Comment = I drove for Swift from December of 2005 till February of 2007.  During that period I took logged miles and compared it to paid miles. Swift consistently paid 10% +/- less than miles actually drive.  On one trip to San Francisco I noted when I had driven my allotted miles and was 124 miles short of reaching my destination.
I wanted to park the truck and call in but decided to look for another job rather than fight the wheels at the top who only cared about themselves.  Some day, companies will really get what is coming to them. However, that day will never come, as long as corporations lie, cheat and steal from the company/OO drivers.

 
 
 
 

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