Dixie there really is nothing to give up here. The lawsuit has been filed and settled. The money will be disbursed. As such the deal is done. I'm merely a message board poster delving into some of the idiosyncracies of this type of case. To me this is actually a very fascinating example of government gone totally arwy.
How has Government gone awry here? class actions are filed everyday in this country, many are not settled-they are beaten-why? because it couldn't be proved that enough damage was done to warrant a judgment or a settlement. The simple filing of class action does not amount to Jack Squat, your case has to have merit- Again, a good reason why UPS may have settled.
Through the process of this thread we have seen that what we had here was a class action lawsuit with few if any victims. For all intents and purposes the awarding of these monies was nothing more then state sponsered welfare.
How can you make such a statement? If that were the case, why would UPS settle? Are you inferring that to simply beat a company out of millions and millions of dollars you simply have to file a merit-less lawsuit-that is ridiculous!! What are you saying about UPS ability to defend itself.
No one could acount for damages that required the compensation they recieved. None had even filed grievances on the issue.
Show us proof of that - you are making a sweeping generalization without any substantiated facts.
Those then taking this money could not justify it through the meal issue itself so they generally justified it through the I'm a good upser I deserve the money just because reason.
That is your exegesis of this case-Interestingly enough, nobody else shares your analysis. You seem to want to overlook the fact that UPS settled this case which would indicate that there has been widespread abuse in this area. No abuse of an employees meal breaks means no class action right? or, do you still believe that simply filing a class action lawsuit regardless of merit will constitute a huge settlement on the part of UPS. If this is what you are inferring- at least provide us with some reasonable explanation as to why you think UPS would do that.
It was an interesting exercise because many of these posters would swear up and down that they had integrity but when presented with a substantial windfall that was not earned for the meal reason they found ways to justify their exceptance of this victimless money.
Again, you are the only one who seems to believe that class action filed and settled on this very same issue in 3 different states didn't have any merit behind it. It was literally done by 3-4 people, nobody went through the grievance process, and there were no abuses on the part of management-UPS just decided to settle - absolutely mystifying
This type of lawsuit in which a beneficiary is drafted into a lawsuit as captive labor could very well be one good reason why companies avoid setting up shop in California if possible. It could certainly be one good reason why California pays so much more for their goods and services then the rest of the country.
What about Illinois and Washington state?
I would like to see this class action captivity drawn out to its fullest of extremism. Can we find 5 or 6 gay drivers to file a class action lawsuit based on discrimination. And if so will we then find the california courts assume all 6000 drivers in california are gay? Or will they they then realize the lunacy of their class action system and try to reduce the pool in some fashion.
Thank you, you have helped prove our point. If you were to try and file a suit like the one above, it would never see the light of a court room-it is completely without merit, it is a baseless suit. You are alleging through analogy that the UPS class action in California is in the same ridiculous class as the contrived example above. You say that there were no damages to drivers, you say that 3-4 people filed and everyone else was included, you say that nobody filed a grievance, but just because you say that does not make it so - in short- you can't prove that.
I know...I know, you want me to prove my side right? I can't prove it either, I can only make reasonable inferences and educated judgements about what I think may have happened.
So, it boils down to this - either UPS would settle a suit that cost them millions and millions or they won't, they would fight it.
If the suit has very few drivers affected, like you stated, and only 3-4 people had to file, like you stated, and everyone else is included, regardless of damages, and UPS just settles, I am sorry, that is unreasonable and illogical. I don't buy it, and neither do many of the people who have participated in this thread.
I do think that a settlement in this case does indicate that there was widespread damage on the part of UPS, class action is a legal way to be included in a suit where you may not have been aware that you were harmed, and you don't have to prove it.
This is important now Tie, just like in your example with the alternative lifestyle drivers, -You don't have to settle- Again, UPS didn't have to settle. If you have the means and, believe you me, there are few other companies in the world with enough means to legally defend themselves as UPS, you can fight a meritless lawsuit and win. Can you think of a more meritless lawsuit than the one you have consistently outlined in this thread?
So which scenario, without proof, is a more reasonable deduction?
Again all fascinating stuff. I thank you for participating.
Thank you for participating, just for grins and giggles, how about we continue the discussion, there may be some people who still want to weigh in.
er in a suit managing maybe 100 individuals would lie to me face to face week after week to chisel me out of a few pennies and I was too wet behind the ears (XMas '88 hire) to go to the union. But that was a long time ago.
