Court Tosses FedEx Drivers’ Class Action For Their Failure to Exhaust Plan Remedies

Three years after it certified an Employee Retirement Income Security Act class action against FedEx Ground Package System Inc., the U.S. District Court for the Northern District of Indiana June 28 ruled that the plaintiff FedEx workers should have exhausted their administrative remedies before filing the ERISA lawsuit (Craig v. FedEx Ground Package Sys. Inc. (In re FedEx Ground Package Sys. Inc. Employment Practices Litig.)).

Granting partial summary judgment in favor of FedEx, Judge Robert L. Miller Jr. said the workers should have gone through the administrative appeals process set out in FedEx’s six employee benefit plans before ...