I'd like you to win on the fraud issue, but I'd be concerned that most of the class wasn't defrauded in the same way as the representatives of the class. Where I worked, most of those coming in after 2002 or 2003 didn't get the same promises fedex was making earlier. In my terminal, most of the new contractors coming in either bought from existing contractors, or were former contractor's drivers if fedex expanded.
I'd look at whether the misclassification itself could be proven to be fraud. I know that the earlier recruitment meetings fedex held were nothing but lies however. If under NJ law, misclassification itself CAN be fraud, it might be worth going further, but if not, or if it would worth little unless intent, and damages due to misclassification, it might not be smart to go on.
I hope you guys can get some honest legal opinions that you can trust to answer these questions before getting railroaded. I know the nine original plaintiffs got totally screwed on multiple levels, and hope that your claims can be included in claims the rest of the class can make too. Attorneys told me(too late) that many of my claims weren't claims the rest of the class could make, and thus couldn't be considered.
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.
So I want to do my part, but this is just for the nj peeps?
Are u getting the word out thru Craig's list or other venues besides that old fedexaminer site?
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.
Was your complaint ever amended when it was joined to the MDL?
It's a class action suit. My guess would be the attorney's best interests.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.
Was your complaint ever amended when it was joined to the MDL?
Would any extra they get be offset by higher legal fees?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?
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.Would any extra they get be offset by higher legal fees?
I asked you a serious question. Sorry if the communist playbook doesn't allow for anything but towing the party line.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.