Taylor Swift Controversies Through the Years: Lawsuits and More - Us Weekly 14 business days after the effective date, Thursday, March 26th, is the deadline for defendants to fund the Qualified Settlement Fund (QSF) (essentially, an escrow account controlled by the claims administrator). 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. Over the last few months, numerous Plaintiffs have filed arbitration demands, seeking to have the American Arbitration Association declare that the arbitrations can proceed under a financial hardship waiver. A brief initial conference was held by U.S. District Judge Richard M. Berman in this case. Click here to read Defendants Response Brief. 5 years and more than 200,000$ down the drain. Swift and IEL have refused to pay the AAAs fees necessary to permit the arbitrations to go forward and under the AAAs arbitration practices, these individual arbitrations can only occur once the Plaintiff pays substantial filing fees, or agrees to incur additional indebtedness to later pay such filing fees. My truck would be paid off today and I probably be hauling cattle or steel. We are hopeful that the Court will affirm our position and reverse the District Court, since the Circuit already ruled that Plaintiffs were correct on this precise question in its prior ruling on the mandamus petition. Not paid for practical miles Tennessee Chatanooga. If you are already a plaintiff in this case, you may call us if you wish us to send the letter on your behalf. 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. No Money down. Swift wants the drivers to have to ask that question individually in arbitration where it knows that few, if any, drivers will be able to afford litigating the case individually. No big company is going to pay you for each & Every actual mile you drive. Swift's 2013 single "Shake It Off" was the subject of a lawsuit filed by a pair of songwriters who penned 3LW's "Playas Gon' Play," which was released in 2001 and features the lines "playas, they . Being leased to someone is not being an Independent Contractor. The matter is fully briefed and we are awaiting the decision of the Court. Depositions of company officials may not be available, for example. 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). Edward Tuddenham argued the motion for Plaintiffs. A tentative settlement was reached between the parties which called for each owner operator to receive between $14.18 and $83.21 in settlement of these claims. Plus a computer cant break the seal, remove the lock, open and pin the doors back, slide the tandems and dock the truck. I can almost hear the other companies re-drafting their lease agreements lol. Because the Supreme Court has grantedcertiorarito (agreed to review)New Prime Inc. v. Olivera,theNinth Circuit Court of Appeals has stayed Swifts appeal of the Arizona District Courts January 2017 Order(in which the District Court ruled that the case cannot go to arbitration because the named-plaintiff drivers were/are employeesnot independent contractorsas a matter of law). Click here to review the Second Amended Complaint. Change), You are commenting using your Facebook account. BMW, Mercedes sued over lease buyout rules | Automotive News 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. Western express is next in line for a audit in cheating thousands of drivers out of wages and home time. The fuel approximated for entire trip, is then subtracted from wat the load milage would pay, for the load/trip. Getman Sweeney is hopeful that the Court will affirm our position and reverse the District Court, since the Ninth Circuit already ruled that Plaintiffs were correct on this precise question in its prior ruling on the mandamus petition. If you are an affected class member and have not heard from us individually by early November, please contact the office for further advice concerning the Montalvo/Calix settlement. The attorneys are interested in speaking with FORMER driver managers and other FORMER Swift and IEL management (including recruiters for IEL) to learn the details of how Swift and IELs operations worked from the perspective of those inside the companies. Hope the fallout doesnt effect the rest of us, leased to other companies, too severely. Oct 22, 2022 - Lease Operator in Springfield, MO Recommend CEO Approval Business Outlook Pros Easy to work with , lots of freight all the time, safety is priority, real nice terminals. Sick humor. Settlement checks are scheduled to be mailed beginning next week (April 6-10). Even after the Courts denial of Swifts motion to reconsider, Swift has done everything within its power to delay the day of reckoning a day in the near future when District Judge Sedwick will determine whether by law, Swift treats the Named Plaintiffs as employees. The case raises class action claims under the law of contract, and under various state laws which also protect workers from unlawful deductions (so far, the state laws of New York and California, however additional state statutes will apply to workers in other states). I would think your response is wrong as they let you haul freight from approved carriers on there list. For several years, And the California Labor Board (known formally as the Dept. Newly minted billionaire getting a salary of 200,000 per month?! 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. Because the Federal Arbitration Act (under which the Court sent the case to arbitration), does not apply to contracts of employment of workers in interstate transportation (such as truck drivers), the Circuit Court held that the District Court cannot send our case to arbitration until it has determined whether the drivers are employees. In the motion, defendants Swift and IEL claimed that the arbitration clause which they inserted in the ICOA demands that the case go to arbitration before the American Arbitration Association (AAA). Swift said that a private equity company called Shamrock Holdings was the one to purchase her masters from Braun but that Ithaca Holdings would still profit off her old music for "many years . 1975 X $.90= $1777.00 The fuel for trip is calculated as being aprox $1056.63. The drivers brief will be due July 22nd. (287 D Opp to Pl. One possible negative outcome from the decision is that this might really push the trucking outfits toward the driverless truck technology, but of course, most have probably starting thinking that way already. Got to agree Bill. So, the drivers filed a motion in the District Courtto compel Swift to answer discovery. 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. Other grounds for unconscionability include the imposition of liquidated damages and the mischaracterization of employees as independent contractors. Its all the other mega companies: Schneider National, Warner, JB Hunt, England,you name it. Their lies have benefited them at the expense of destroying many a drivers careers. 108, 884 P. Motion for Class Certification and Motion for Leave to Amend Complaint, 885 P. MOTION for Temporary Restraining Order and Preliminary Injunction, 862 ORDER AND OPINION GRANTING SJ TO PLAINTIFFS, 689 DECLARATION of Robert Mussig re Docket 688D. . Click here to review the Plaintiffs motion for reconsideration. Even though Swifts position is wrong, Swift asked both the Arizona Court and the 9th Circuit Court for a stay of the case while they appeal Judge Sedwicks most recent scheduling and discovery decision. Drivers disagree, maintaining that this information is necessary for the Judge to be able to rule correctly on the question. last edited on Wednesday, May 12 2010 at 6:11pm, Posted on Tuesday, April 6 2010 at 11:48am, On April 2nd, Plaintiffs moved for a preliminary injunction to stop Swift and IEL from instituting collections measures and to prevent them from furnishing negative credit reports on drivers they consider to be in default. Plaintiffs lawyers in this case reached out to Defendants attorneys, to see if our concerns could be addressed in such a way that drivers could participate in the Montalvo/Calix settlement and avoid giving up claims that are asserted in this case. Getman Sweeney has prepared a short video about the status of this case, particularly addressing the pending appeal of Judge Sedwicks decision to send this case to arbitration. No one will get less than $250 (drivers with the shortest employment time). Not unless you paid off the truck. As this case moves toward its inevitable conclusion, Swift continues to make numerous efforts to delay the day of decision. 888-927-9914. All individuals who filed consents to sue in the case remain in the case in Arizona. Itll be a cold day in Hell before these guys see a dollar of this money. U get RAND MCNALLY MILES.NOT PRATICAL MILES.IT STINKS.EVERY PROFFESSIONAL DRIVER LOSES OUT ON RAND MCNALLY.NOT SO WITH PRATICAL.A DIFFICULT LIFESTYLE TO SAY THE LEAST.I STAY IN COMBAT MODE 24 HOURS A DAY. Their main goal is to grow larger, buy out smaller companies, push owner ops out of business and monopolies the transportation industry. Click here to read Plaintiffs Opposition to the Defendants Motion to Compel Arbitration. 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. We expect the checks will be mailed in mid-April 2020. You'll drive for the carrier who leased your truck to you. Under the federal minimum wage law, back pay and an equal amount of liquidated damages are claimed for each violation. 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. We will continue to post new information as it becomes available. . 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. 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. However, over Plaintiffs objections, the District Court stayed the case for the duration of the appeal. December 01, 2021 12:45 PM. 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. The Qualcomm message with the notice shall be sent on three consecutive days, starting February 27, 2017. Video Update About Status Of The Case Posted on January 25, 2012. (321 ORDER that plaintiffs motion at [315] is GRANTED i.pdf 38KB), Click here to review the 9th Circuits decision. Taylor Swift has told a federal court that she wrote all of the lyrics to her 2014 hit "Shake It Off," and said she had never heard of the group 3LW or their 2001 song "Playas Gon' Play" before a . The attorneys for the Plaintiffs in the Van Dusen case are: DAN GETMAN, GETMAN, SWEENEY & DUNN, PLLC., (845) 255-9370. The Court has not set a date for oral argument. (20 CASE MANAGEMENT PLAN.pdf 46KB), Posted on Friday, February 19 2010 at 1:06pm. Posted on Wednesday, July 27 2011 at 2:43pm. On Feb. 4, a federal court in the Northern District of Iowa denied in part and granted in part CRST's bid to dismiss a class action lawsuit. The drivers asked for limited discovery on this issue, while Swift argued that the determination should only be made by considering the Independent Contractor Operating Agreement. Judge Sedwickruledthat the drivers were right. last edited on Monday, December 6 2010 at 9:39am, Posted on Wednesday, October 20 2010 at 5:32pm. 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. Thanks for watching Intro Music: I have received permission from the band to use this song in my videos. Yea, a driver cant even make enough to support his or her family and has to stay out on the road away from family gathering and holidays and drive in some of the most unfavourable conditions and fight to get a shower and stay in compliance with federal regulations to keep from getting citations usually due to piss poor maintenance. The Ninth Circuit had agreed to stay its decision, giving Swift 90 days in which to make another stay motion to the Supreme Court, which it has not done. Motion to Vacate Stay, STC 277 Motion to Lift Stay, Motion to Vacate, STC 8 Petitioners reply to answer to Writ of Mandamus petition, STC 7 1 D Response to Writ of Mandamus of Real Parties In Interest, STC 229 ORDER FROM CHAMBERS denying Plaintiffs' Motion for Reconsideration, STC 226 Motion for Reconsideration re Order on Motion to Certify Class, STC 223 Order and Opinion Compelling Arbitration, STC 175 Declaration of Elizabeth Parrish 172 Response to Motion, STC 188 P Response in Oppose Motion to Compel Arbitration and Dismiss P claims, STC 187 p Reply in Support MOTION to Certify Class, STC_Def to J Berman re arbitration 3-19-10. Who Has The Best Lease Purchase Program In The Trucking Industry Updated on January 3, 2023 Owner Operators Leasing a truck and becoming your own boss is a dream that many truckers have. A tentative settlement was reached between the parties which called for each owner operator to receive $50 in settlement of these claims. Posted on Thursday, March 11 2010 at 10:01am. Blood suckers each and everyone of these companies!!!!! This letter should state that you dispute the debt claim and request verification of the claim. petition for a writ of mandamus raises issues that warrant a response. Live Nation and Ticketmaster Move to Compel Arbitration in Taylor Swift The 9th Circuit live-streams oral arguments, and archives them for viewing afterward. Click here to review our letter brief. Three, they claim there is a driver shortage because they want to flood the market with drivers (theirs) so they can take over more loads and not pay them a reasonable rate. The purchase option balloon . Compare Semi-Truck Leasing & Lease Purchasing | Prime, Inc.
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