Missouri ICs go back for jury trial

Discussion in 'FedEx Discussions' started by It will be fine, Aug 23, 2015.

  1. It will be fine

    It will be fine Well-Known Member

    http://cases.justia.com/federal/appellate-courts/ca8/14-3232/14-3232-2015-08-21.pdf?ts=1440171062
    This case in Missouri had the ICs awarded a summary judgement. On appeal the 8th district sent it back saying a reasonable jury could determine the IC classification was correct. If you read through it, it covers many arguments for or against the classification.
    A point of interest to me was it seems every plaintiff needs to try their case separately as they weren't a class. According to Missouri law IC classification is a matter of fact so individual treatment and circumstances matter. So for people here that means even if FedEx loses the model does not crumble, business continues as always.
    I don't know if Missouri is ISP yet, but if not it's time to get up to scale if you contract there.
     
  2. Crozz

    Crozz Member

    Missouri has been ISP for sometime now
     
  3. bbsam

    bbsam Moderator Staff Member

    So how does this affect them?
     
  4. Crozz

    Crozz Member

    I was answering the question
     
  5. bbsam

    bbsam Moderator Staff Member

    I know. But it brought up another question.
     
  6. It will be fine

    It will be fine Well-Known Member

    I guess it probably doesn't affect them at all then. I just thought the filing was interesting and educational for everyone here that likes to rag on the model being a scam. It's not that clear cut, even judges disagree.
     
  7. Crozz

    Crozz Member

    I agree I think ISP is working and it's still the bitter single van guys complaining. ISP isn't for everyone either.
     
  8. bbsam

    bbsam Moderator Staff Member

    Correct. And that's why I have always said, if you don't like the model, you're going to have to get the IC laws and statutes changed. Good luck.
     
  9. M I Indy

    M I Indy Member

    And they are a changing, state by state.
     
  10. FedEx GT

    FedEx GT Active Member

    I think states and govt have their hands full at the moment, if world economies keep collapsing like they have been the last two months they have bigger things to worry about. Issues like this tend to get placed far on the back burner when large economic uncertainties are going on.
     
  11. M I Indy

    M I Indy Member

    Or your point of interest could be the eighth saying present your argument X.
     
  12. M I Indy

    M I Indy Member

    Really? What duties of the day to day operations of state courts change? Are judges re-located due to economic decline? If it's in the pipeline.....it will continue like all other matters.
     
  13. FedEx GT

    FedEx GT Active Member

    Sure will 5-10 years in the future, business like usual. Guaranteed it is not in the pipeline for anywhere close to half the country.
     
  14. It will be fine

    It will be fine Well-Known Member

    Huh? Who do you think appealed the summary judgement to the 8th?
     
  15. M I Indy

    M I Indy Member

    No need to think, it's there in print. A delay for payout, any lawyer would do that. Eighth may be tired of this dragging since '06 and is telling X to make the case once and for all. One trial against named plaintiff
    should take care of it. Individual payouts is probably what plaintiffs always wanted. Of course X will "defend the model, yet make settlement with documents sealed" never presenting any credible evidence.
     
  16. It will be fine

    It will be fine Well-Known Member

    Did you read the document? The arguments by FedEx are all there. That's why I posted the link.
     
  17. M I Indy

    M I Indy Member

    I read it, are 2 and 1 all that applicable to a jury with 7, the third most important here being undisputed. I'm sure you feel 8 carries equal weight. 2,1, and 7 make up about 80-85% of determination not 37.5%. I would like to see X testimony on subject, been long time since their Estrada fairy tales on control and right to.
     
  18. bbsam

    bbsam Moderator Staff Member

    How do you determine percentages like that?
     
  19. bbsam

    bbsam Moderator Staff Member

    Where do you get your percentages.
     
  20. It will be fine

    It will be fine Well-Known Member

    Dartboard?
    Issue 7 in the test is a big one against contractor status. The best argument I've heard for it is fedex is an information company. Their primary business is sorting and tracking packages, not delivering them. I can't imagine a reasonable jury being convinced by that argument, but that will probably be the defense.
    They will probably lose on the control issues as well. Under the IC model they were much more involved in day to day operations, far more than they should have been. They have taken significant steps to correct that behavior in ISP.