Federal Appeals Court Denies FedEx Appeal Of Driver Class Certification Order

SAN FRANCISCO, CA (January 22, 2008) - The 7th Circuit Court of Appeals has denied FedEx Grounds request to appeal a decision of the District Court that certified two classes of delivery drivers. This appellate court decision paves the way for the District Court judge to now issue the remaining class certification decisions. The 7th Circuit's decision is a very positive development for the Plaintiffs.

A turning point in many class action cases is the decision by the court to certify -or not to certify - one or more classes. Certification permits the plaintiffs to proceed as a class action, rather than as just the individuals named in the complaint. For that reason class certification is an important battleground in class action litigation - for both sides.

Last fall District Court Judge Miller ruled in the Kansas case (the first class certification issue he decided in these consolidated cases) that the Ground and Home Delivery drivers could proceed with their case in Kansas as a class action. The decision was in two parts: first, he certified a class for the Kansas state law claims; second, he certified a national clam based on ERISA.

The 7th Circuit's refusal to accept FedEx's appeal avoids a delay of at least a year, and opens the door for the District Court to issue class certification decisions on the remaining 35 or so cases.