Appeals court green lights class action against Swift Transportation

Chris Rizo Aug. 11, 2008, 9:00pm

PHOENIX, Ariz. (Legal Newsline)-An Arizona appeals court has given the OK for a class action lawsuit can proceed against Swift Transportation over allegations the company shortchanged its drivers.

The appeals court's decision overturned a trial judge's ruling that essentially rejected the case over whether Phoenix-based Swift Transportation uses a flawed method to calculate driver mileage for the purpose of pay.

Rather than paying drivers for their actual miles driven, the company calculates mileage using mileage charts and in so doing so determine the actual distance to a destination, the lawsuit says.

Attorneys who filed the case say they are pleased with the appeals decision.

"We are very happy that the appellate court ruled in our favor," said attorney Rob Carey. "Since we filed the complaint, we've heard from numerous Swift drivers that Swift's mileage calculation method robs them of fair compensation. These drivers deserve their day in court, and now they'll get it."

The lawsuit-filed by Hagens Berman Sobol Shapiro LLP of Chicago-alleges breach of contract, breach of the implied covenant of good faith and fair dealing based on Swift's failure to pay for all miles driven, and failure to accurately calculate miles.

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