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Arbitration Clause

Cummings et al vs FedEx Ground Division | Ground | Arbitration Clause | Contractor Dispute | Colorado | |

This case was filed in the U.S. District Court for Colorado in 2003; the case settled in December 2005.  The plaintiffs are former FedEx Ground drivers who alleged that certain verbal commitments by FedEx recruiters violated laws against fraud, breach of implied contract and deceptive trade practices.

Lucey et al Vs FedEx Ground Arbitration Clause | Federal Litigation | New Jersey | |

This case originated in Superior Court for New Jersey Burlington County in 2006.  FedEx was granted a removal order to U.S. District Court for New Jersey but was not granted a motion to move it into the multi-district litigation proceedings.  FedEx moved to compel arbitration and the plaintiffs opposed by claiming the arbitration clause of the FedEx Ground “Operating Agreement” was unconscionable.  In October 2007, the Judge ruled that the arbitration clause was both procedurally and substantially unconscionable.