Law360, New York (July 26, 2016, 9:22 PM EDT) -- The Ninth Circuit declined on Tuesday to block a lower court from deciding whether a dispute between Swift Transportation Co. Inc. and a proposed class of truck drivers alleging they were misclassified as independent contractors must be arbitrated, rejecting the company’s bid to have a case management order vacated.
In a published opinion, a divided three-judge panel rejected a request by Swift to issue a writ of mandamus ordering a district court to vacate a case management order in the drivers’ suit accusing Swift of labor violations and decide the company’s petition to arbitrate the case without discovery or trial....
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