Wed Dec 10 2008
After Two Months of Trial, Todd Theodora, Kevin Dorse and Steve Weisskopf Obtain Favorable Settlement for The Orange County Register and Freedom Communications in Major Class Action Suit
Todd Theodora, as lead trial counsel, Kevin Dorse, and Steve Weisskopf represented The Orange County Register newspaper and its parent Freedom Communications in a class action suit brought by more than 5,000 newspaper carriers. As is typical in the newspaper industry, the carriers have been classified as independent contractors. The carriers alleged that they are employees, not independent contractors. They sought over $100 million in damages and confirmation that they are employees. This case was the subject of wide-scale media attention as it is the first lawsuit of its kind to go to trial. Virtually every major newspaper in the country considers the carriers to be independent contractors.
The Register's chief defense was that the carriers have the right to control their work and therefore are independent contractors. The Register showed that the carriers have the freedom and flexibility of the type enjoyed only by independent contractors: they use substitutes and helpers, they can deliver competitors' products, they can go home when they are finished with their route, and they take breaks and vacations on their own schedule. After two months of trial, the case settled with the carriers agreeing to remain as independent contractors, and upon financial terms deemed to be beneficial by the Register.
Richard Decker, David Richman, Jerry Friedberg and Tony Witteman also played substantial roles in obtaining this favorable result on this very significant case affecting the entire newspaper industry.