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Judge Approves $227M In FedEx Driver Suit Settlements

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Judge Approves $227M In FedEx Driver Suit Settlements

Dave Stafford for www.theindianalawyer.com

FedEx Corp. will pay more than $227 million to settle some of the long-running lawsuits brought by drivers in Indiana and 18 others states who claim they were undercompensated because the company classified them as independent contractors rather than full-time workers.

A total of 12,627 drivers named as plaintiffs in class-action lawsuits in 19 states will receive payouts ranging from $250 to more than $116,000 under terms of separate settlements in each state. The settlements bring the total FedEx has paid resolve driver compensation claims to at least $454 million.

Judge Robert L. Miller Jr. in the District Court for the Northern District of Indiana, South Bend Division, granted final approval to 19 state class-action settlements Friday and Monday. Miller’s orders resolve about half of the 40 class-action lawsuits brought by FedEx drivers that remain before him on the FedEx multi-district litigation docket.

Miller’s orders cleared the way for settlement distributions and resolution of the lawsuits as follows:

  • Indiana: 791 drivers will divide a settlement of $33.95 million. Average recovery per class member will be $29,520. Settlements per driver may range from $250 to $116,028.
  • Alabama: 375 drivers will share a settlement of $3.2 million. Average recovery per class member will be $5,620. Settlements per driver may range from $250 to $20,100.
  • Arizona: 380 drivers will share a settlement of $4.95 million. Average recovery per class member will be $8,699. Settlements per driver may range from $250 to $28,149.
  • Georgia: 867 drivers will share a settlement of $4.94 million. Average recovery per class member will be $3,785. Settlements per driver may range from $250 to $13,711.
  • Louisiana: 315 drivers will share a settlement of $5.25 million. Average recovery per class member will be $11,061. Settlements per driver may range from $250 to $39,743.
  • Maryland: 533 drivers will share a settlement of $9.4 million. Average recovery per class member will be $12,047. Settlements per driver may range from $250 to $29,455.
  • Minnesota: 455 drivers will share a settlement of $8.3 million. The average recovery per class member will be $12,312. Settlements per driver may range from $250 to $44,701.
  • New Jersey: 901 drivers will share a settlement of $25.5 million. Average recovery per class member will be $19,301. Settlements per driver may range from $250 to $71,194.
  • New York: 1,602 drivers will share a settlement of $42.9 million. Average recovery per class member will be $18,421. Settlements per driver may range from $250 to $68,880.
  • North Carolina: 707 drivers will share a settlement of $20 million. Average recovery per class member will be $19,250. Settlements per driver may range from $250 to $53,440.
  • Ohio: 878 drivers will share a settlement of $8.35 million. Average recovery per class member will be $6,363. Settlements per driver may range from $250 to $20,611.
  • Pennsylvania: 1,265 drivers will share a settlement of $23 million. Average recovery per class member will be $12,442. Settlements per driver may range from $250 to $45,647.
  • Rhode Island: 125 drivers will share a settlement of $1.6 million. Average recovery per class member will be $7,352. Settlements per driver may range from $250 to $20,332.
  • South Carolina: 274 drivers will share a settlement of $3.1 million. Average recovery per class member will be $7,405. Settlements per driver may range from $250 to $19,682.
  • Tennessee: 762 drivers will share a settlement of $12.25 million. Average recovery per class member will be $10,863. Settlements per driver may range from $250 to $39,838.
  • Texas: 1,515 drivers will share a settlement of $8.9 million. Average recovery per class member will be $3,938. Settlements per driver may range from $250 to $13,880.
  • Utah: 171 drivers will share a settlement of $2.4 million. Average recovery per class member will be $9,130. Settlements per driver may range from $250 to $28,886.
  • West Virginia: 107 drivers will share a settlement of $3.75 million. Average recovery per class member will be $22,306. Settlements per driver may range from $250 to $76,456.
  • Wisconsin: 604 drivers will share a settlement of $5.5 million. Average recovery per class member will be $6,126. Settlements per driver may range from $250 to $21,842.

The orders came after fairness hearings on each proposed settlement in March, most of which were unopposed. Miller rejected objections by class members in all cases where objections were raised. FedEx announced proposed settlements last June.

The settlements reflect rates of payment for each week a driver worked in excess of 35 hours, plus a separate, lower payment rate for each week a driver worked fewer hours. These amounts vary according to compromises reached through mediation based on the laws of each state.

Miller had granted summary judgment in favor of FedEx in a bellwether case involving its drivers in Kansas, but the 7th Circuit Court of Appeals reversed in 2015, instead ordering entry of judgment in favor of the drivers. The 7th Circuit in late March authorized Miller to grant final approval to proposed settlements.

In each order, Miller wrote that a perfect outcome for drivers would be “a long time off, well beyond the eleven years already invested in this litigation,” and that FedEx likewise faced uncertain legal prospects.

Additionally, Miller awarded plaintiffs’ legal fees and costs, at least in part, in each of the suits. Fees awarded in some cases reached 30 percent of the total settlement.

FedEx in June 2015 reached a $227 million settlement with its California drivers in a separate case.

Eagles split Day 1 of GLVC Tournament

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University of Southern Indiana Softball settled for a split on the opening day of the Great Lakes Valley Conference Championship Tournament Thursday.

 

The No. 6 Screaming Eagles (41-11) began the day with a 10-4 win over William Jewell College, but fell to McKendree University, 3-2, to end the day.

 

USI returns to action Friday at 11 a.m. when it takes on Bellarmine University in the elimination bracket of the GLVC Tournament is East Peoria, Illinois. USI will have to win three times Friday to advance to Saturday’s championship round.

 

Game 1 | Southern Indiana 10, William Jewell 4

Box Score

 

USI racked up 17 hits as it rallied from a 3-0 deficit to earn a 10-4 win over William Jewell in its opening game of the GLVC Championship Tournament. The Eagles scored a pair of runs in the last half of the first inning, three in the second and five in the sixth as it won its GLVC Tournament opener for the second straight year.

 

After spotting the Cardinals (26-27) a 3-0 lead in the top of the first inning, the Eagles got a two-out, two-run home run off the bat of senior catcher Haley Hodges (Portage, Indiana) in the bottom of the first inning to trim William Jewell’s advantage to a single tally.

 

The Eagles tied the game on a wild pitch in the second inning; then got back-to-back RBIs from senior shortstop Lexi Reese (Lebanon, Indiana) and junior first baseman Marleah Fossett (Brownsburg, Indiana) to take a 5-3 lead.

 

William Jewell (26-27) got a solo home run in the fourth inning to trim USI’s lead to 5-4; but a sixth inning that saw the Eagles send nine batters to the plate ended any hope of an upset.

 

Reese opened the scoring with a one-out, solo home run to give USI a 6-4 lead. Senior outfielder Grace Clark (Indianapolis, Indiana) had a two-out, two-run home run to extend USI’s advantage to 8-4, while an RBI-single by junior third baseman Mena Fulton(Bloomington, Indiana) and an RBI-double by freshman designated player Allison Schubert (Nicholasville, Kentucky) gave the Eagles a cozy six-run cushion.

 

Freshman pitcher Jennifer Leonhardt (Louisville, Kentucky) earned her GLVC-best 24th win of the year after giving up four runs off six hits in seven innings of work. Leonhardt (24-1) racked up seven strikeouts while issuing just two walks.

 

Game 2 | McKendree 3, Southern Indiana 2

Box Score

 

The Eagles jumped out to a 1-0 lead in the top of the third inning as a Fossett single pushed across the game’s first tally.

 

McKendree (32-19), however, got a two-run home run from senior first baseman Rachel Hastings in the bottom of the third inning to take a 2-1 advantage. The Bearcats added another run in the sixth inning to extend their lead to 3-1.

 

USI, which stranded 11 runners on base, got an RBI-single from sophomore outfielder Caitlyn Bradley (Forest, Indiana) in the seventh inning to cut the Bearcats’ lead in half. USI, however, left runners at first and second base as McKendree held on for the upset.

 

Leonhardt (24-2) was charged with the loss after giving up three runs off six hits in six innings of work. It is Leonhardt’s first loss since a 4-3 setback to Saginaw Valley State University February 26.

 

Southern Indiana 10, William Jewell 4 (May 04, 2017 at EastPeoria, IL)

———————————————————————-

William Jewell…… 300 100 0 -  4  6  1      (25-26)

Southern Indiana…. 230 005 X – 10 17  1      (41-10)

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Pitchers: William Jewell – Biondo, Anna; Lewis, Sarah(2); Friesen, Taylor(6) and

Culbertson, Madeline. Southern Indiana – Leonhardt, Jennifer and Hodges, Haley.

Win-Leonhardt, Jennifer(24-1)  Loss-Biondo, Anna(17-9)  T-1:43  A-74

HR WJC – Lewis, Sarah (2).

HR USI – Reese, Lexi (5); Hodges, Haley (9); Clark, Grace (5).

Weather: Cloudy, windy, & cold

Game: 51-GLVC

 

McKendree 3, Southern Indiana 2 (May 04, 2017 at East Peoria, IL)

———————————————————————-

Southern Indiana…. 001 000 1 -  2 11  0      (41-11)

McKendree……….. 002 001 X -  3  6  1      (32-19)

———————————————————————-

Pitchers: Southern Indiana – Leonhardt, Jennifer and Hodges, Haley. McKendree –

Silliman, Kylee; Magre, Holly(7) and Franke, Rebecca.

Win-Silliman, Kylee(13-6)  Save-Magre, Holly(1)  Loss-Leonhardt, Jennifer(24-2)  T-1:40  A-93

HR MCK – Hastings, Rachel (9).

Weather: Cloudy, windy, cold

Game: 52-GLVC

 

 

HOT JOBS IN EVANSVILLE

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Tutor
The Knowledge Roundtable – Evansville, IN
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Dishwasher
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A TGI Fridays Dishwasher provides guests and team members with clean and sanitized utensils, plateware, glassware and equipment according to Ecosure standards….
LensCrafters – EyeWear Consultant
Luxottica Group 2,218 reviews – Evansville, IN
Accurately operates the Point of Sale cashier terminal, when required, collecting proper payment following company security procedures and retaining proper…
Server (WW)
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Greets guests with a genuine smile, builds rapport, and ensures an enjoyable, quality dining experience….
Busser
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Must be able to hear well amongst loud background noise in order to answer telephone and respond to guest requests….
Prep
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Must produce items exactly according to recipe to ensure guest satisfaction and control food costs in a high volume, fast-paced environment….
LensCrafters – Sales Supervisor
Luxottica Group 2,218 reviews – Evansville, IN
State licensure (if applicable) and/or ABO Certification in non-licensed states. Actively studying LensCrafters Final Inspector Certification….
Verification Specialist / St.Vincent Evansville / Medical Affairs / FT Days 80 hour Bi-Weekly
St. Mary’s Health System,IN – Evansville, IN
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Experienced and Professional Bartender, Food Runners, Servers, and Hostess’
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Will be also required to take to-go orders and maintain a cash drawer. Ideal candidate must be able to work under pressure and maintain positive demeanor….

USI-Saint Joseph’s series pushed back

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The start of the four-game GLVC baseball series between 20th-ranked University of Southern Indiana and Saint Joseph’s College has been pushed back to Saturday due to the forecast of heavy rains Friday in Rensselear, Indiana. Friday’s and Saturday’s single games will be combined to create a 1 p.m. doubleheader Saturday at Gil Hodges Field in the Rueth-Fitzgibbon Baseball Complex.

The series is still slated to conclude Sunday with a noon twin bill.

For up to date information about weather related changes to game times for Saturday and Sunday, fans are encouraged visit GoUSIEagles.com or check out USIAthletics on Facebook or Twitter.

 

UE Athletics continues active presence in the community

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Program had over 4,000 hours last year

An impressive showing by the 14 sports at the University of Evansville saw them combine for 4,136 hours of community service to over 86 different agencies in the Tri-State area over the last year.

Leading the way in that department was the Purple Aces softball team.  They performed 1,396 hours of service to 60 different agencies.  Some of those included: Animalpalooza, Challenger League, Gilda’s Club, March of Dimes, Cardio for Canines, Delaware School, Rotary Club Santa Run, Toys for Tots, Holly’s House Boo at the Zoo, EPD Ball, It Takes a Village, Night of Memories, Evansville Philharmonic Orchestra Gala, Museum Guild and Howl O’Ween.

“What an amazing accomplishment by our young ladies this year to volunteer so much time in the community,” Aces head softball coach Mat Mundell said.  “Community services is a core principal of the University of Evansville and for three straight years they have really embraced it.  Volunteering gives us the opportunity to have an impact on our community in such a positive way.”

The top 20 individual student-athletes were recently honored as softball’s Hayli Scott along with women’s golfer Carly Waggoner tied for the top spot.  Each recorded 91 hours of service to 17 different agencies.  The UE softball team took 18 out of the top 20 spots on the list with Alex Latoria, Emily Lockhart, Courtney Land, Olivia Cheatham, McKenzie Johnson, Samantha Fleming, Mikaela Fleming, Brittany Hay, Bailee Porter, Ashleigh Downing, Morgan Lambert, Susan Norris, Kristin Koepke, Chandra Parr, Ashlee Kawall, Kori Keyes and Tess Hupe being recognized.  Men’s soccer player Cesar Guitunga was also named to the list.

 

Adopt A Pet

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Boogie is a 5-year-old male Treeing Walker Coonhound. He was transferred to VHS from Warrick Animal Control several months ago. His “girlfriend” is Cassidy, another young Coonhound. They do NOT have to be adopted together, but certainly can be! Boogie’s adoption fee is $100 and he’s ready to go home TODAY neutered, microchipped, and vaccinated. (Get a $25 discount if you adopt Cassidy, too!) Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption details!

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Lindsey Lawrence Baxter: (Conspiracy) Dealing in marijuana (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony)

Damar Rashad Young: Dealing in marijuana (Level 6 Felony), (Conspiracy) Dealing in marijuana (Level 6 Felony)

Prince Montreal Harris: Battery resulting in serious bodily injury (Level 5 Felony), Strangulation (Level 6 Felony), Battery resulting in bodily injury (Class A misdemeanor)

Jamie Michelle Torres: Residential entry (Level 6 Felony)