Settlement Update Posted January 14, 2021 X | CLOSE. The initial scheduling conference has been set by Judge Berman for February 17, 2010 at 9 am in courtroom 21B of the U.S. District Court, 500 Pearl Street, New York, New York 10007-1312. Plaintiffs pointed out that the claims arise primarily from the Lease or under both clauses, and since the clauses conflict, they must legally be considered against the party who drafted them. Mr. Bell, While independent drivers are commonplace in the trucking industry, California has consistently. Paradies Lane, where our office is located, is a spur and does not have room to turn around a trailer. Funny how you should mention that in January, and 3 months later its a reality. 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. Lease Purchase Trucking: Pros, Cons, and Considerations Motions to Compel, Motions for Sanctions, and Appeals Posted October 27, 2015. Accordingly, Plaintiffs lawyers in this case were required to submit anObjectionto the proposed Montalvo/Calix class settlement. Retaliation is extremely rare in overtime cases, because an employer can suffer such serious penalties. Courts are split on these issues, interpreting the law in different ways, and so the Supreme Court has agreed to hear the arguments and make final determinations on those issues. 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. 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. The ruling came just a few days after Swift Transportation founder (and newly minted billionaire) Jerry Moyes stepped down as CEO of the company. A Claims Administrator (Settlement Services, Inc.) has been appointed to send each driver affected by the settlement a Notice advising them of the terms of the settlement, what it will mean for them, how to file a claim in the case, how to withdraw, or object to the deal, and how to update your address so that you can receive your share of the proceeds. Jury rules in favor of Taylor Swift in groping case | CNN . While the appeal moves slowly, we have every reason to be optimistic about a favorable outcome. The details of this process are set forth in the settlement agreement, available here. The law prohibits retaliation for joining a pay lawsuit. any other class of workers engaged in foreign or interstate commerce. Swift claims that the drivers are not employees and the drivers claim that they are employees as a matter of law, and thus, under the Section 1 exemption, that the Court must decide this case rather than an arbitrator. The settlement checks are scheduled to be mailed beginning today, April 6, 2020. The courts video feed of the argument is available here. Benefits of ATS Pre-Certified Leases: 1, 2 and 3 year lease purchase options. The Swift Transportation settlement is on schedule, and we do not anticipate any delays. As employees, Swift would need to have paid drivers at least minimum wage, and drivers would have been eligible for benefits including health insurance. Swift pay scale has always been off cause they trained you and baby sat you through your diaper months. Oral argument is open to the public. My truck is dying. 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. Itis yet to be determined how much each driver will receive in compensation and Swift is currently appealing the decision. A Magistrate Judge has not yet been assigned. For the most part, Swift has refused to participate in discovery, though this may change in light of the Courts ruling today. TheNew Primecase is not yet set for argument, but it will likely be during the October 2018 termand a final decision on the issue will not happen until sometime after that. Well read it BUT, pay a lawyer and then sit down and have him explain it to you. Swift will likely try to appeal this decision, but we believe the courts ruling is correct and well-reasoned. last edited on Wednesday, October 20 2010 at 5:33pm, Posted on Tuesday, October 19 2010 at 6:08pm. Change), You are commenting using your Facebook account. I know right?? Swift claims it will be filing a petition for certiorari with the Supreme Court asking it to reverse the Ninth Circuit. Because the release language in the settlement could be taken to mean that Owner Ops give up claims which are being raised in this case: such as whether Swift engaged in Forced Labor by using the DAC Report to force drivers to continue to work for Swift, Getman Sweeney is extremely concerned that settlement is not in any Owner-Operators interest. Tradewinds Transportation's lease purchase program is customized to fit the needs of each driver and their family. 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. Swifts Increasing Desperation Posted February 26, 2015. 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 Plaintiffs will serve their reply letter brief to the Court by Wednesday, February 24, 2010. Defendants have filed their opposition to the Plaintiffs motion to vacate the stay for arbitration. Optional emergency fund 5. Merger or Take Over? The claims administrator, Settlement Services, Inc., will begin mailing out settlement checks within ten days after the funding of the QSFMonday, April 6. Plaintiffs moved the Court to lift the stay in order to require Swift to provide names and contact information for all drivers who may be able to participate in this case, and the Court required Swift to provide this information by June 19th. They will put you into debt while you are working like a slave. 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. The settlement agreement was presented to U.S. District Judge John W. Sedwick, who granted preliminary approval. March 2, 2023 Late last year, an allegedly shortchanged Swiftie named Michelle Sterioff filed a class-action lawsuit against Live Nation and Ticketmaster over the Eras Tour fiasco. (LogOut/ 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. The 10 year old case has been through quite a journey: The independent contractor model has been a minefield for fleets operating at the ports in California. The Ninth Circuit ruled that the Court must decide whether this case is arbitrable under the Federal Arbitration Act (FAA) or not before sending the case to arbitration. 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. 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. 1975 X $.90= $1777.00 The fuel for trip is calculated as being aprox $1056.63. Bad lease, bad! We will know soon whether the Supreme Court will decide to stay the decision while it decides whether to hear the case. 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 . 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 Settlement Notice was mailed August 16, 2019. Most importantly, it means that there will not be another year or more of delay before the case moves forward. So far Swift opposes this motion. Motion to Compel Discovery Responses (Docket # 631), Motion to Compel defendants to testify [in depositions] (Docket #644), ordering the Defendant to respond to Plaintiffs discovery requests (Docket #645). Things to Consider in a Lease Purchase Trucks, like any piece of equipment, will require repairs and the costs to cover are the responsibility of the owner-operator. DONATE NOW! Having your own authority paying your own insurance, getting your customers is what makes youIndependent..!!!! The Supreme Court gets approximately 7,000 requests to hear cases each year, but hears only one to two percent. The Order compelling arbitration, sent to the arbitrator the question of whether the FAA applies. A jury has ruled in favor of pop superstar Taylor Swift in a high-profile case in Denver. Unfortunately, Judge Sedwick ruled that the Swift arbitration agreement compels all issues in this case to be heard by an arbitrator, rather than the Court. (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. . On July 21st, the Court extended Plaintiffs deadline to file reply papers on the motion to August 3, 2010. last edited on Friday, July 23 2010 at 3:17pm. Posted on Wednesday, March 9 2011 at 12:31pm. My truck would be paid off today and I probably be hauling cattle or steel. There are many issues still to be decided by the Court, including which drivers are allowed to participate (beyond the people who have already opted-in to the case); how far back claims may go; what notices should be issued; what discovery is still needed for the parties to resolve the case; and when any remaining issues can be tried. Click here to review the District Courts certification order. The Settlement Notice is scheduled to be mailed today, August 16, 2019. We continue to believe that the Ninth Circuit will unequivocally deny Swifts efforts to take the issue (which the Ninth Circuit directed Judge Sedwick to hear) away from Judge Sedwick at this point. If this happened to you and you have such proof, please contact paralegals Janice Pickering or Kathy Weiss (845)255-9370 to discuss. Click here to read Plaintiffs opening Appeal Brief.Click here to read Defendants Response.Click here to read Plaintiffs Reply Brief. Because no appeals were filed, the settlement became effective on March 6, 2020. Click here to read Plaintiffs opening Appeal Brief. The case is closed and Settlement checks have been mailed to participating class members. The letters claim that these drivers owe money. Sick humor. Knight-Swift Transportation Holdings agreed to a settle a class action lawsuit involving roughly 20,000 drivers over claims that the drivers were improperly classified as independent drivers instead of employees. I need tbe money. The company provides truck drivers with well-maintained equipment, affordable weekly payments as low as $405 and a 12-36-month lease. Maybe Im wrong I have a truck signed on with Mercer transportation by the time you finish renting a trailer waiting for loads there is no money to be made. Our Program; Lease Inventory; Decals; Team; Partners; Contact; Lease Inventory Click here to review Swifts opposition brief. Court Finds Massive Offshore Oil Lease Sale in Gulf Based on Faulty I kept a separate log of all trips I made that listed the Trip #, paid loaded and unloaded miles and the actual miles driven. We also seek to stop any negative reporting to DAC or DriverFACTS. Without your consent employers will not be able to contact with job offers, would you like to opt-in now? . Example: Load is 1975 miles. We expect the checks will be mailed in mid-April 2020. Click here to review the complaint in this case. Click here to see the First Amended Complaint. That is pure hogwash. Click here to read Defendants Response Brief. They will be left with less freedom to make their own load and schedule choices. Swift was my first trucking job back when I got my CDL in 2010. Swift Settlement Update Posted April 2, 2020. Plaintiffs continue to try to work this process out with the AAA. Preliminary approval means that the Court has reviewed the settlement and considers it to be fair and reasonable at this stage. We now await the decision of the Ninth Circuit. Depositions of company officials may not be available, for example. why are you working for this companies in the beginning and why the hell you are suing them now?