OOIDA vs Swift...

• Court resolves issues in OOIDA's favor in lawsuit against Swift (08/06/04)
• Court denies Swift Transportation motion to dismiss OOIDA lawsuit: reaffirms trucker’s private right of action to sue carrier (10/17/02)

Court Documents...

• Memorandum in support of Plaintiff's Motion for Class Certification (PDF, Sep 2004)
• OOIDA Supplemental Brief in Support of motion for preliminary injunction (PDF format, 1.26mb)
• Class Action Complaint (June 2002)(PDF)
• Motion for Preliminary Injunction (PDF)

Status...

As of mid-November 2007 - Filed June 2002 in U.S. District Court, District of Arizona. Class certification was denied in March 2006. The case moved forward with a dozen individual truckers as plaintiffs. The case did not go to trial, but in September 2007 the judge ruled partially in favor of the truckers and partially in favor of the carrier.

OOIDA filed a request Nov. 2 asking that the carrier be forced to pay back “ill-gotten” money. The Association also plans to file an appeal on the portion of the ruling relating to whether carriers are required by federal law to disclose chargebacks and markups.