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GARZA v. GAMA

No. 1 CA-SA 15-0315.

379 P.3d 1004 (2016)

Leonel GARZA, and all persons similarly situated, Petitioners, v. The Honorable J. Richard GAMA, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Swift Transportation Co., Inc., Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED July 12, 2016.

Attorney(s) appearing for the Case

Hagens, Berman, Sobol, Shapiro, LLP, Phoenix, By Robert B. Carey , Leonard W. Aragon , Michella A. Kras , Counsel for Petitioners.

Polsinelli, PC, Phoenix, By Rebecca Lumley , Counsel for Real Party in Interest.

Polsinelli, PC, Kansas City, MO, By James C. Sullivan , Travis Salmon , Counsel for Real Party in Interest.

Presiding Judge Diane M. Johnsen delivered the opinion of the Court, in which Judge Patricia A. Orozco and Judge Kenton D. Jones joined.

OPINION

¶ 1 Petitioners challenge the superior court's order decertifying an 80,000-member class of drivers suing Swift Transportation Co., Inc. For the reasons stated below, we accept jurisdiction of the petition for special action and grant relief. On this record, Swift has failed to show that its various affirmative...

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