Don't see why. No news here. Took 15 years to get a decision will take another 15-20 more than likely to get another verdict. 4 years from now the challenged model will be obsolete. If does come out negatively for FedEx it doesn't challenge the grounds in regards to ISP model and the next challenge would likely take another 10-20 years to get a verdict on. During that time hundreds of contractors will sell/buy, grow, split, sell.
And in the meantime, fedex will be building liabilities like the $258 million they agreed to pay in just one state. That comes to over $1 billion when extended out. And that is just for the time up until 2006.
More lawsuits are in the works under the same contract for more years after that. Fedex will be watching very carefully on what liabilies they end up with under the 'new' model.
In my opinion, fedex has two real problems going forward- their liabilities based on franchise rulings, and the increased possibilities that large 'contractors' with many employees are much easier targets for unionizing that single work area 'contactors.'
Drivers under the new model are unquestionably employees, and the biggest hurdle the teamsters had to unionizing drivers under the old model was in fighting in front of the NLRB to get a ruling at each terminal.