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27 Aug, 2007 6:00 am
... Estrada v. FedEx Ground Package System, Inc., ___ Cal.App.4th ___ (Aug. 13, 2007), the Court of Appeal (Second Appellate District, Division ... so,
which expenses would be reimbursable -- predominated. The anecdotal evidence was admitted to show FedEx's power to interpret the Operating
Agreement and was relevant to the class as a whole, not ... nine-week trial move for decertification on the basis of the anecdotal evidence). (Telles Transport, Inc. v. Workers' Comp. Appeals Bd. (2001) 92 Cal.App.4th ...
21 Aug, 2006 6:00 am
In Hart v. FedEx Ground Package System, Inc., ___ F.3d ___ (7th Cir. Aug. 9, 2006), the Seventh Circuit addressed two of CAFA's mandatory exceptions
to federal jurisdiction, the "local controversy" exception and the "home-state controversy" exception. ... LLC, No. 06-30434, 2006 WL 1843629 (5th Cir. July 6, 2006) and Evans v. Walter
Industries, Inc., 449 F.3d 1159, 1165 (11th Cir. 2006). The court also held that "plaintiffs have the right, through appropriate ...
27 Sep, 2007 11:46 am
If you wonder why I obsess over S.B. 622-which stands little chance of becoming law-it's because I believe it is part of a trend of increasing enforcement of the independent
contractor/employee distinction. Shaw Valenza has a good rundown of the case here, and I won't repeat their work. In a nutshell, the Court of Appeal wasn't buying the independent
contractor argument.
19 Aug 5:03 am
... filed in various states against Federal Express alleging labor law violations in that FedEx allegedly failed to pay certain delivery
drivers overtime and other wages; ... class actions for pretrial purposes in the Northern District of Indiana. In re FedEx Ground Package System, Inc.,
Employment Practices Litig., ___ F.3d ___ (N. ... motion by Arizona plaintiffs to certify their lawsuit as a class action, see In re FedEx, at
4-5. Second, the court denied the motion by Colorado plaintiffs to certify their ...
3 Apr, 2008 5:09 am
... Wave 3" moved the district court for class action certification. In re FedEx Ground
Package System, Inc., Employment Prac. Litig., ___
F.Supp.2d ___ ... 30. But with respect to defense attorney efforts to defeat class action treatment on the ground that individual inquiries
would be required to determine whether the Operating Agreements were valid ... (Tennessee), 25-27 (Arkansas) and 39-42 (Texas), but agreed with FedEx Ground that common questions would not predominate under the laws of other states, ...
22 Oct 7:28 am
... in New York, New Jersey, and Montana delivered a complaint to FedEx Ground Package System Inc. in Moon Township, PA, regarding their classification
as independent drivers rather ... of New York's Attorney General Andrew Cuomo, stated that "more than 1,000" FedEx delivery drivers should be
reclassified as employees, citing reasons including FedEx ... can provide for lost wages and medical expenses. FedEx Ground is a division of Memphis-based FedEx Corp. FedEx has until Oct. 27 to respond to the complaint. ...
23 Oct, 2007 5:26 am
... state and federal wage statutes and failed to pay benefits due under ERISA. In re FedEx Ground
Package Sys., Inc., Employment Prac. Litig., ___ F.Supp.2d ___ [Slip Opn., at 1-2] ... ' motions to
strike the expert reports submitted by defense attorneys in opposition to the motions for class certification. See FedEx, at 2-22. In the end,
the court overruled the objections but concluded that the reports were unpersuasive, see id., at 14, 19 and 22. Download PDF file of In re FedEx Ground Package System
14 Aug, 2007 4:00 pm
... the case for reconsideration of the amount and method of calculating those fees, in Estrada v. FedEx Ground Package System, Inc.
Three drivers brought this class action against ... granted most of the equitable relief sought by the drivers (Phase III), and ordered FedEx
to pay the drivers' costs and attorneys' fees (about $12.3 million). This is the third ... were not appealable, and dismissed the appeal as premature. Estrada v. RPS, Inc. (2005) 125 Cal.App.4th 976. In Estrada II, the Court of Appeal ...
4 Oct, 2007 6:25 am
... that Triggered Entitlement to Fees Plaintiffs filed a class action in California state court against FedEx Ground Package System, Inc.
alleging violations of the state's labor laws for failure to reimburse work-related expenses; the ... its prior ruling. Specifically, plaintiffs' lawyer "prepared spreadsheets listing
the drivers' out-of-pocket expenses" with the idea that FedEx would review the spreadsheets and advise plaintiffs of the items that they
disputed, after which plaintiffs' lawyer would ...
6 Apr, 2008 7:17 am
... Of Pickup/Delivery Driver: "Numerous class action lawsuits were filed against FedEx Ground
alleging that the company misclassified its pickup and delivery drivers as independent contractors ... 3" moved the district court for class action certification. In re FedEx Ground Package System,
Inc., Employment Prac. Litig., ___ F.Supp.2d ___ ( ... drivers' work," id." I once had a client working for FedEx. I had an opportunity to read his contract with FedEx. It read more like a franchise agreement - he had ...
5 Nov 4:04 pm
... defrauded one of its independent contractors, but remanded on the ground that $7 million in punitive damages was excessive. In Wieber v.
FedEx Ground Package System, Inc., plaintiffs had an independent contractor agreement with FedEx to ... be liable for tortious interference. The Court of Appeals then affirmed the fraud claim, based on a false representation by a FedEx representative that plaintiffs would receive advance notice before the contract was terminated. The amount of punitive damages ...
7 Sep, 2006 6:05 am
... Jurisdiction After plaintiff filed a putative labor law class action against FedEx in Pennsylvania state court, defense attorneys removed
the case to federal court under ... exceptions to federal court jurisdiction under CAFA. The district court denied the motion on the ground
that plaintiff had failed to meet his burden of establishing that the exceptions applied. Plaintiff ... CAFA shifted the burden to plaintiff and affirmed. Hart v. FedEx Ground Package System
Inc., 457 F.3d 675, 676-77 (7th Cir. ...
22 Oct, 2008 11:48 pm
... Co., 143 Cal.App.4th 1223 (2006) with their decision in Johnson v. Glaxosmithkline, Inc., 166 Cal.App.4th 1497 (September 19, 2008), as
modified (October 14, ... ???in and out, sometimes on a day-to-day basis.?????? (Estrada v. FedEx Ground Package System, Inc.
(2007) 154 Cal.App.4th 1, 14.) The court explained, ??? ... an individual showing as to his or her eligibility for recovery??????]; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 1207 [class of employees ascertainable in spite ...
29 Oct, 2008 4:36 pm
... that common questions of fact or law do not predominate. (See Lee v. Dynamex, Inc. (2008) 166 Cal.App.4th 1325.) With respect to the
difficulty in confirming the identity of all ... 'in and out, sometimes on a day-to-day basis.'" (Estrada v. FedEx Ground Package System, Inc.
(2007) 154 Cal.App.4th 1, 14.) The court explained, ... individual showing as to his or her eligibility for recovery'"]; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 1207 [class of employees ascertainable in ...
18 Feb, 2008 3:10 pm
A federal district court judge in California has certified a class action of former managers suing for overtime pay. The managers argue that they were improperly classified from
overtime because most of their time was spent doing manual labor rather than managerial tasks. The case is Wiegele v. Fedex Ground Package System Inc. A
copy of the court's opinion can be found here.
17 Jun 6:53 am
... will help the state's economy. Independent Contractor or Employee? In Afinson v. FedEx Ground
Package System, Inc., Wash.Super.Ct., No. 04-2-39981-5
(March 31, ... package delivery drivers are contract employees who are their own bosses. The contracts between the drivers and FedEx Ground stated that the drivers owned and operated their own businesses "as they chose." The jury agreed with
FedEx. The drivers said they will appeal. In these difficult time, misclassification of employees may become a ...
12 Apr 5:29 am
... not dispositive, and subterfuges are not countenanced." In Estrada v. FedEx Ground
Package System, Inc. (2007) 154 Cal. App. 4th 1, the
California Second ... District Court of Appeal followed Borello and affirmed a judgment in favor of a class of FedEx Ground drivers, holding that substantial evidence supported trial court's finding ... drivers were employees, rather than independent contractors, as they
were classified by FedEx. The Court held that class certification had been proper and upheld the award ...
10 Dec, 2008 7:00 pm
... sections 17200 and 17500 (UCL claims) challenging a form contract 24 Hour Fitness, Inc. used to enroll new members. Because the trial
court's decertification order is largely ... 'in and out, sometimes on a day-to-day basis.'" (Estrada v. FedEx Ground Package System, Inc.
(2007) 154 Cal.App.4th 1, 14.) The court explained, ... an individual showing as to his or her eligibility for recovery'"]; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 1207 [class of employees ascertainable in ...
29 Nov, 2007 6:00 am
... GROCERY S153059 B187844 Grant - dismissal/lead case 2/7 Transferred after hold It denied review and depublication in Estrada v. FedEx
Ground Package System, no. S156595. The Court of Appeal
opinion is Estrada v. FedEx Ground Package System, Inc., 154 Cal.App.4th 1 (2007). My prior post on Estrada, in which I noted the class certification aspects
of the opinion, is here. It granted review in Harris v. Superior Court (Liberty Mutual Insurance), no. ...
1 Oct 2:14 am
... served does not affect the propriety of removal"). Maryland: Clawson v. FedEx Ground
Package System, Inc., 451 F. Supp.2d 731, 736 (D. Md. 2006)
... claims, which would have been judged under the hard-to-satisfy "no colorable ground" standard for fraudulent joinder. The DeGidio case
involved essentially the same rationale, 2009 WL ... were all over that issue here, in our commentary about Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d 1202 (11th Cir. 2008), and its holding that the plaintiffs shouldn' ...
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