NJ Objectors Pan 25 Million FedEx Ground Settlement
- Thread starter njdriver
- Start date
njdriver
FedEx Browned
Not sure whether the misclassification issue is something that can be tagged with the fraud label. Common sense indicates that it should, seeing as there had to be some forethought before choosing to treat only a segment of the overall FedEx driving force as contractors.
Having said that, the eventual finding of employee status seemed to have sufficed to put us in the arena where the remainder of the charges could be litigated. As I mentioned earlier, the original draft of the lawsuit that was eventually merged at the class action in Indiana, included the Consumer Fraud charge. It was Beth Ross, from Leonard Carder that told the class representatives that it was a non-starter in the NJ settlement agreement. Objecting to the settlement now, if approved by Judge Miller means we can go ahead with the process and litigate the merits in court. Having said that, FedEx will most likely bristle a bit and then eventually make a settlement offer.
The vast majority of NJ drivers, for the most part, really didn't take a hands-on approach. For some, they didn't want to upset the apple cart, seeing as they still worked at FedEx. Others took a cursory view and just wanted to know when they would get something at all. I just hope that all concerned drivers in NJ understand the responsibility class representatives have and how much pressure may be brought to bear on them to get this issue over with sooner rather than later.
They have to live with themselves and the ultimate decisions they make, but I know for certain this is something they will not and should not let go, especially as North Carolina had consumer fraud violations as part of their settlement.
The changes FedEx made to the contractor model were just enough to keep them ahead of additional lawsuits, but we know that even the MVC's aren't truly independent. If using contractors in this type of business was such a preferred modality, UPS would have used it from the start.
As far as your individual lawsuit is concerned, I can't remember the specifics, seeing as I had that long absence from the fedexaminer site, but I'm curious, if some of the claims in your suit couldn't be heard at the class action, why wasn't it allowed to proceed as a separate action in-state? Your lawyers had to have known once the class action was initiated that that was the reality specific to you, so I'm a bit fuzzy on why that didn't happen.
And you should know by now that my post wasn't really a question.
Cactus
Just telling it like it is
That's a weak arguement. Why use a question mark then?
The law firm had 'won' a multi-million lawsuit for another contractor just months before my case. Then during a year of discovery and depositions, they had the jury's award reducedby something like 90% in the other case, and a retrial on damages was ordered. I don't know the outcome- maybe a settlement, but they weren't happy.
I was told that I would have trouble making a claim in one case based on making claims as a contractor in one case, and as and claiming that I was an employee in another would make it bad for me in both cases. My main personal claim was for intentional interference in operation/sale of my 'business.'
By then, it was going on 3 years since the case started, and my main witnesses had not been deposed. By then, they were fuzzy on details when finally deposed. They had moved on,better off by not buying my routes, and basically forgotten about it. They had not even been contacted during the three years.
Looking back, those attorneys were negligent in their failure to interview witnesses earlier, but they didn't want to spend any time(money) at the start because they originally thought fedex would settle, based on the previous win they had. Without witnesses who could remember details, my main loss that allowed for punitive damages was gone, and I decided, based on talking to the class action attorney, that I was in a position to win more based on the claims they were making.
Later, after the settlement was agreed to between Fedex and attorneys, I was told that I was the only one considering objecting, and that most of my concerns about the settlement didn't apply to the class as a whole. I think what I got for the misclassification was close to actual damages, and I was reimbursed for costs I had agreed to pay, even if illegal based on the actual law. Going to court by challenging the settlement would have meant more years just to get to a courtroom with jurors present, then appeals either way based on that outcome. I'm doing OK financially and really just decided that half a bird in the hand was worth 3-4 maybe hiding in the bush.
I think I personally cost fedex a lot of money- between fighting them to the state court of appeals on the Unemployment claim, where they had to drop their appeal, to my personal lawsuit where they spent hundreds of hours, to getting my drivers called fedex employees by the state, to the MDL. I guarantee that some of the changes they made between 2005-2008 were due to me, so I got my payback in a small way.
Well, you didn't there. Proud of you!Because that's what @vantexan says I do.
I didn't?
njdriver
FedEx Browned
Unfortunately, the post I made a few days ago is only for FedEx drivers in NJ. If you are/were a FedEx driver in one of the 18 other states that FedEx settled with, I would suggest speaking to any of the class representatives, (if you know them) or contact the attorney(s) handling the case.
Even if the class representatives have agreed to the settlement, individual drivers can still lodge an objection, but they would more than likely have to find new counsel to do so.
No, haven't done any other postings except for the fedexaminer website. I could ask the class reps if that is something they would like me to do however.
By the way, IS there a specific section of craigslist that houses those types of posts? I've used it for other things, but I'm not familiar with that section.
Thank you NJD for your efforts to educate the rest of us . You guys wisely took it upon yourselves to learn as much as you can about the law as it pertains to class actions to be able to speak intelligently and call into question the opinions and conduct of your own counsel. It is my hope that your diligence and constant attention to this nearly 2 decades old litigation will pay off handsomely. As for the other states it now appears that they are about to learn a very costly lesson . That being that you can't always take as fact everything your attorney tells you especially when their ulterior motive is not justice but pocketing a windfall in fees.
Was your complaint ever amended when it was joined to the MDL?
The claim for Consumer Fraud was certified by Judge Miller in 2007 from what I found in the case history. Why wouldn't counsel try to seek value for the claim? The same Judge Miller is overseeing the settlement negotiations. Doesn't add up to me. Or am I missing something? Seems to question whose best interests were considered at negotiations.
It's a class action suit. My guess would be the attorney's best interests.
njdriver
FedEx Browned
I don't believe it was amended, seeing as our lawyers at that time included as many grounds as possible in the initial filing. Better to have grounds that could be stipulated out rather than having something amended after submission.
While I am not specifically accusing our previous attorneys of any wrongdoing or misconduct, over the course of time that this lawsuit has played out, there were times when I began having doubts about how far they were willing to go. If memory serves me correctly, every lawsuit against FedEx originating from New Jersey never went to trial, and if I am incorrect in that regard, I hope someone in the know would refresh my memory.
There was the NLRB case, (not a lawsuit) where they found NJ drivers to be employees, the Tofaute v FedEx Ground suit, which is the current one that was remanded by Judge Miller and resulted in that 25 million settlement offer, and the Lucey v FedEx Ground which was filed over all of the terminations that occurred, which was settled out, I believe in 2005.
Since none of us would ever have been able to come up with the requisite funds to battle a giant like FedEx on our own, we were thankful we found attorneys who believed in the case and used their own funds to get the suit off the ground. Because of that, we were also closely tied by a sort of blind trust, to any outcome because of the wording in the fee agreement, the portion of which outlined the subject of settlement.
It would have been nice, and we were ALL ready for it, had the cases actually been litigated. Seeing as settlement seemed to be the preferred landscape, the current objection, even if it doesn't eventually get to trial, will hopefully result in a better settlement amount than the one currently in place. First we have to get past the Fairness Hearing.
Hopefully that will happen.
As I said before, I hope the Jersey Boys get the additional settlement. They earned it. Class members in each state are urgently needed to contact their counsel and ask if there is something that can be done in order to bring about a more equitable settlement in their respective states. They have until March 1. In my state there were only 2 objections filed before the original deadline. Given the number of heavily leveraged ISP contractors out there and the low ball settlement offers we hear about and that was all by X's design you would think that the majority of them would be fighting like wild dogs in an effort to get a larger settlement to use to pay down debt. Most sad to say have their brains clogged with " free moneyitis" not realizing that a proactive approach could net much more. Instead they're out there today killing themselves making somebody else rich driven by the delusion that their payoff will come when they sell their routes in a market that owned at completely controlled by........guess who?
Would any extra they get be offset by higher legal fees?
UpstateNYUPSer(Ret)
Well-Known Member
Class action legal fees are usually a flat percentage.
Don't worry "Mr. Corporate Apologist" X did a one time charge against earnings for this specific matter. Therefore it's already payed for. As for the legal fees the maximum attorney's fees counsel for the plaintiffs and request from the court is 30% of the settlement. So you don't need to worry your little head off " Mr Corporate Apologist" the matter is well in hand. And believe me compared to the boo koo bucks X has made over the years from the "independent contractor" model the final settlement will be parking meter change compared to what they've made and rest assured it will be recovered courtesy of the ISP contractors who remain.
I asked you a serious question. Sorry if the communist playbook doesn't allow for anything but towing the party line.
Thanks for an informative answer.
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