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NJ Objectors Pan 25 Million FedEx Ground Settlement
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<blockquote data-quote="njdriver" data-source="post: 2652633" data-attributes="member: 4596"><p>FedEx succeeding in delays or motions is an expected part of any litigation process which has this much at stake. Much of what eventually happens is partly based on how financially armed plaintiff's lawyers are. I would surmise, many, if not most of them have nowhere near the <em>deep pockets </em>FedEx has, and that is why many of these cases reach settlement instead of being litigated. Additionally, our legal agreement, and I'd gather most legal agreements, give lawyers the right to settle on behalf of plaintiffs if they felt any settlement offer was the best they could get. </p><p></p><p>That, in itself, brings with it another aspect. </p><p></p><p>Our fate, or any plaintiff's fate who signed agreements with similar wording, now hinges on other factors. </p><p></p><p>Is a settlement offer really the BEST we could do? </p><p></p><p>Does the legal team feel a bit overwhelmed fighting against such a major player? </p><p></p><p>Do they just want to settle to ensure certain money for the plaintiffs as well as themselves now as opposed to losing at trial? </p><p></p><p>This is where the metal meets the road. I would much rather risk any settlement award in exchange for litigating this in a NJ Court. Not only would a successful outcome result in more money paid out to class members, but more importantly, it now becomes part of the judicial record which could help others in similar circumstances, against any NJ employer down the road.</p><p></p><p>THAT would have a much greater impact shaping how other or future employers treat their workers, and that's something to be proud of long after the dust has settled here.</p><p></p><p>And, as dmac stated, the variability and strength of each states worker protection laws also has a major part to play. The class representatives in NJ are objecting because proving FedEx violated NJ's Consumer Fraud Act could dwarf the 25 million offer currently on the table. That was one of the grounds our lawyers included in the original filing, so we don't have to go through any further legal gymnastics to have that portion of our claim heard.</p><p></p><p>Although the objection will have to be approved by Judge Miller in March, we feel pretty confident he will allow the process to move forward.</p></blockquote><p></p>
[QUOTE="njdriver, post: 2652633, member: 4596"] FedEx succeeding in delays or motions is an expected part of any litigation process which has this much at stake. Much of what eventually happens is partly based on how financially armed plaintiff's lawyers are. I would surmise, many, if not most of them have nowhere near the [I]deep pockets [/I]FedEx[I] [/I]has, and that is why many of these cases reach settlement instead of being litigated. Additionally, our legal agreement, and I'd gather most legal agreements, give lawyers the right to settle on behalf of plaintiffs if they felt any settlement offer was the best they could get. That, in itself, brings with it another aspect. Our fate, or any plaintiff's fate who signed agreements with similar wording, now hinges on other factors. Is a settlement offer really the BEST we could do? Does the legal team feel a bit overwhelmed fighting against such a major player? Do they just want to settle to ensure certain money for the plaintiffs as well as themselves now as opposed to losing at trial? This is where the metal meets the road. I would much rather risk any settlement award in exchange for litigating this in a NJ Court. Not only would a successful outcome result in more money paid out to class members, but more importantly, it now becomes part of the judicial record which could help others in similar circumstances, against any NJ employer down the road. THAT would have a much greater impact shaping how other or future employers treat their workers, and that's something to be proud of long after the dust has settled here. And, as dmac stated, the variability and strength of each states worker protection laws also has a major part to play. The class representatives in NJ are objecting because proving FedEx violated NJ's Consumer Fraud Act could dwarf the 25 million offer currently on the table. That was one of the grounds our lawyers included in the original filing, so we don't have to go through any further legal gymnastics to have that portion of our claim heard. Although the objection will have to be approved by Judge Miller in March, we feel pretty confident he will allow the process to move forward. [/QUOTE]
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