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NJ Objectors Pan 25 Million FedEx Ground Settlement
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<blockquote data-quote="njdriver" data-source="post: 2657978" data-attributes="member: 4596"><p>I don't believe it was amended, seeing as our lawyers at that time included as many grounds as possible in the initial filing. Better to have grounds that could be stipulated out rather than having something amended after submission.</p><p></p><p>While I am not specifically accusing our previous attorneys of any wrongdoing or misconduct, over the course of time that this lawsuit has played out, there were times when I began having doubts about how far they were willing to go. If memory serves me correctly, every lawsuit against FedEx originating from New Jersey never went to trial, and if I am incorrect in that regard, I hope someone in the know would refresh my memory.</p><p></p><p>There was the NLRB case, (not a lawsuit) where they found NJ drivers to be employees, the Tofaute v FedEx Ground suit, which is the current one that was remanded by Judge Miller and resulted in that 25 million settlement offer, and the Lucey v FedEx Ground which was filed over all of the terminations that occurred, which was settled out, I believe in 2005.</p><p></p><p>Since none of us would ever have been able to come up with the requisite funds to battle a giant like FedEx on our own, we were thankful we found attorneys who believed in the case and used their own funds to get the suit off the ground. Because of that, we were also closely tied by a sort of blind trust, to any outcome because of the wording in the fee agreement, the portion of which outlined the subject of settlement.</p><p></p><p>It would have been nice, and we were ALL ready for it, had the cases actually been litigated. Seeing as settlement seemed to be the preferred landscape, the current objection, even if it doesn't eventually get to trial, will hopefully result in a better settlement amount than the one currently in place. First we have to get past the Fairness Hearing.</p><p></p><p> Hopefully that will happen.</p></blockquote><p></p>
[QUOTE="njdriver, post: 2657978, member: 4596"] I don't believe it was amended, seeing as our lawyers at that time included as many grounds as possible in the initial filing. Better to have grounds that could be stipulated out rather than having something amended after submission. While I am not specifically accusing our previous attorneys of any wrongdoing or misconduct, over the course of time that this lawsuit has played out, there were times when I began having doubts about how far they were willing to go. If memory serves me correctly, every lawsuit against FedEx originating from New Jersey never went to trial, and if I am incorrect in that regard, I hope someone in the know would refresh my memory. There was the NLRB case, (not a lawsuit) where they found NJ drivers to be employees, the Tofaute v FedEx Ground suit, which is the current one that was remanded by Judge Miller and resulted in that 25 million settlement offer, and the Lucey v FedEx Ground which was filed over all of the terminations that occurred, which was settled out, I believe in 2005. Since none of us would ever have been able to come up with the requisite funds to battle a giant like FedEx on our own, we were thankful we found attorneys who believed in the case and used their own funds to get the suit off the ground. Because of that, we were also closely tied by a sort of blind trust, to any outcome because of the wording in the fee agreement, the portion of which outlined the subject of settlement. It would have been nice, and we were ALL ready for it, had the cases actually been litigated. Seeing as settlement seemed to be the preferred landscape, the current objection, even if it doesn't eventually get to trial, will hopefully result in a better settlement amount than the one currently in place. First we have to get past the Fairness Hearing. Hopefully that will happen. [/QUOTE]
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