There is nothing "fair" about our court system and those that believe as such are being disingenuous. That said,we never know how the SCOTUS will rule(chief justice Roberts ruling in 2012 on the Affordable Care Act)I would think the 1099 ruling would stand at FedEx and some other businesses while,as a whole,not being applied to other industries.
I am truly torn on the issue as I see the routes as an opportunity for someone to own a small business and live the American dream but giving diving FedEx a fiscal advantage over competition because they have a fixed cost per package v.s. a estimated cost based on varying overhead at UPS.
As a driver for UPS I am more concerned for my fellow drivers but from my prior career, I see the economic advantage as brilliant.