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N.D. Indiana· 8/11/2010

In Re Fedex Ground Package System, Inc.

Citations

  • 734 F. Supp. 2d 557
  • 2010 WL 3239363

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting the testimony that “contractors must use a scanner so that customers can track their packages” and “[t]he scanners are connected to FedEx’s computer system and transmit package tracking information to FedEx’s website for customers to view”
  • OA requires drivers to handle packages using methods that are designed to avoid theft, loss, and damage
  • “[T]he court is limited in determining whether FedEx retained the right to control. The court relies on the policies and procedures to the extent they show how FedEx implemented its authority as retained by the Operating Agreement.”
  • “The court can’t make generalizations about the class ... from a review of the actual control FedEx exercised.... The court’s analysis will focus on FedEx’s right to control all drivers based on the Operating Agreement and generally applicable policies and procedures.”
  • “FedEx drivers must record information about all package deliveries.”
  • “[T]he court finds it appropriate to review the policies and procedures that FedEx managers rely on when interacting with drivers to determine right to control. The court isn’t required to turn a blind eye to Fed-Ex’s procedures implemented on a class-wide basis.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

Read full opinion on CourtListener

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