One thing not really 'addressed' fully yet is that under the court decision, anyone who drove, even those with multiple routes, was an employee. Once fedex prohibits 'owners' from driving, it will take about $40,000 or more right out of the profit column for those ISP who had continued driving.
I don't care if fedex uses the contractor model, I signed the contract expecting fedex to follow contractor laws. But if they are going to claim you are a contractor, they should be required to follow the laws.
Only if/when an ISP makes a state claim or federal claim for employee rights will the question be settled. No court in the US will make the ruling until the model is challenged, thus the courts have not okayed the current model, as you seem to believe.