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NJ Objectors Pan 25 Million FedEx Ground Settlement
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<blockquote data-quote="dmac1" data-source="post: 2654418" data-attributes="member: 60252"><p>The law firm had 'won' a multi-million lawsuit for another contractor just months before my case. Then during a year of discovery and depositions, they had the jury's award reducedby something like 90% in the other case, and a retrial on damages was ordered. I don't know the outcome- maybe a settlement, but they weren't happy. </p><p></p><p>I was told that I would have trouble making a claim in one case based on making claims as a contractor in one case, and as and claiming that I was an employee in another would make it bad for me in both cases. My main personal claim was for intentional interference in operation/sale of my 'business.'</p><p></p><p>By then, it was going on 3 years since the case started, and my main witnesses had not been deposed. By then, they were fuzzy on details when finally deposed. They had moved on,better off by not buying my routes, and basically forgotten about it. They had not even been contacted during the three years.</p><p></p><p> Looking back, those attorneys were negligent in their failure to interview witnesses earlier, but they didn't want to spend any time(money) at the start because they originally thought fedex would settle, based on the previous win they had. Without witnesses who could remember details, my main loss that allowed for punitive damages was gone, and I decided, based on talking to the class action attorney, that I was in a position to win more based on the claims they were making. </p><p></p><p>Later, after the settlement was agreed to between Fedex and attorneys, I was told that I was the only one considering objecting, and that most of my concerns about the settlement didn't apply to the class as a whole. I think what I got for the misclassification was close to actual damages, and I was reimbursed for costs I had agreed to pay, even if illegal based on the actual law. Going to court by challenging the settlement would have meant more years just to get to a courtroom with jurors present, then appeals either way based on that outcome. I'm doing OK financially and really just decided that half a bird in the hand was worth 3-4 maybe hiding in the bush.</p><p></p><p>I think I personally cost fedex a lot of money- between fighting them to the state court of appeals on the Unemployment claim, where they had to drop their appeal, to my personal lawsuit where they spent hundreds of hours, to getting my drivers called fedex employees by the state, to the MDL. I guarantee that some of the changes they made between 2005-2008 were due to me, so I got my payback in a small way.</p></blockquote><p></p>
[QUOTE="dmac1, post: 2654418, member: 60252"] The law firm had 'won' a multi-million lawsuit for another contractor just months before my case. Then during a year of discovery and depositions, they had the jury's award reducedby something like 90% in the other case, and a retrial on damages was ordered. I don't know the outcome- maybe a settlement, but they weren't happy. I was told that I would have trouble making a claim in one case based on making claims as a contractor in one case, and as and claiming that I was an employee in another would make it bad for me in both cases. My main personal claim was for intentional interference in operation/sale of my 'business.' By then, it was going on 3 years since the case started, and my main witnesses had not been deposed. By then, they were fuzzy on details when finally deposed. They had moved on,better off by not buying my routes, and basically forgotten about it. They had not even been contacted during the three years. Looking back, those attorneys were negligent in their failure to interview witnesses earlier, but they didn't want to spend any time(money) at the start because they originally thought fedex would settle, based on the previous win they had. Without witnesses who could remember details, my main loss that allowed for punitive damages was gone, and I decided, based on talking to the class action attorney, that I was in a position to win more based on the claims they were making. Later, after the settlement was agreed to between Fedex and attorneys, I was told that I was the only one considering objecting, and that most of my concerns about the settlement didn't apply to the class as a whole. I think what I got for the misclassification was close to actual damages, and I was reimbursed for costs I had agreed to pay, even if illegal based on the actual law. Going to court by challenging the settlement would have meant more years just to get to a courtroom with jurors present, then appeals either way based on that outcome. I'm doing OK financially and really just decided that half a bird in the hand was worth 3-4 maybe hiding in the bush. I think I personally cost fedex a lot of money- between fighting them to the state court of appeals on the Unemployment claim, where they had to drop their appeal, to my personal lawsuit where they spent hundreds of hours, to getting my drivers called fedex employees by the state, to the MDL. I guarantee that some of the changes they made between 2005-2008 were due to me, so I got my payback in a small way. [/QUOTE]
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