Garza v. Hon. gama/swift

OPINION

JOHNSEN, Judge:

¶ 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 defenses render the class unmanageable; we also hold that Arizona law applies to the drivers’ claim for breach of the duty of good faith and fair dealing.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Petitioner Leonel Garza was a Swift truck driver who sued the company in…