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In 2005 and 2006 over 60 cases in which FXG’s misclassification was an issue were consolidated before Judge Miller in the Northern District of Indiana. The Court appointed Lead Counsel and a Plaintiffs Steering Committee, and the parties commenced discovery, which included the exchange of hundreds of thousands of pages of documents and literally hundreds of depositions around the country. In 2008, the Court granted certification in a number of state cases, in which the court found the test for whether one was an employee was who had the “right to control” the method and manner of work. In 2010, the District Court ruled that in the certificated class cases that drivers were contractors, and in some other states were contractors and sent the non-certified cases back to their home courts, along with some certified cases in which the employment issue was decided but there were remaining claims to be litigated at the local court.
Lead Counsel appealed the decision with regard to the certified state classes to the Seventh Circuit Court of Appeals, where the Kansas case was the “lead case” and the other states were stayed. In 2012, the Seventh Circuit issued a decision that asked Kansas’ Supreme Court to decide the issue of employment status. In September, 2014, the Kansas Supreme Court issued its decision in Craig that the drivers were employees under Kansas law, regardless of whether or not they had a second truck or route. We are waiting for the Seventh Circuit to respond to the Kansas Court’s decision.
For a list of the currently pending cases and their status, please visit the Synopsis by State page.