In our post earlier today regarding Freedom Communications, Inc. v. Superior Court (2008) 167 Cal.App.4th 150, we neglected to mention that the case settled recently.
The Orange County Register and the home delivery carriers who deliver the newspaper have agreed to a settlement of a class action lawsuit filed on behalf of those carriers. Through such settlement, The Register will pay to the class members not more than $22 million through a claims-made settlement process. The ultimate amount paid will be based on the number of claims submitted and validated through this process.
No amount has been set for Plaintiffs’ attorneys’ fees. It is up to the sound discretion of the trial court to determine the reasonable amount of such fees. Although Plaintiffs’ counsel is seeking $12 million in fees, it is by no means certain that the Court will award that amount, and it can award less.
The Register also changed the way it classifies its carriers some of its policies and practices regarding newspaper carriers.
While the Register did agree to some contract and policy modifications with the carriers in the future, the newspaper did NOT change its classification of the carriers: They're still independent contractors, as far as the paper is concerned (and still employees as far as the plaintiffs' attorneys are concerned).
Posted by: Don DeBenedictis | December 12, 2008 at 11:11 AM