In a multidistrict litigation accusing FedEx Ground of misclassifying its drivers as independent contractors, all seven New Jersey class representatives in the case have expressed their opposition to a proposed $25 million settlement.
The proposed settlement, on behalf of roughly 900 members of a New Jersey class, short-changes class members by $50 million because it fails to account for their claim under the New Jersey Consumer Fraud Act, according to the objectors. What’s more, the settlement fails to consider plaintiffs’ increased likelihood of success in the case under a 2015 New Jersey Supreme Court ruling in Hargrove v. Sleepy’s, in which the court confirms that the “ABC” test applies to such situations, according to the objectors.
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