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In August of 2022, the relationship between FedEx Ground and their network of delivery contractors looked like it was about to implode. Led by major contractor and industry consultant Spencer Patton, thousands of contractors pushed back on the logistics giant – claiming that increasing costs were making it impossible for them to operate profitably.

FedEx sued Route Consultant, Patton’s consultancy, and canceled the Ground territory held by his 4 firms. The case has now worked its way through the federal court system, with Spencer Patton and Route Consultant winning the day with a full dismissal. FedEx has until April 11th to appeal, so the story continues, but there is already a lot this story can teach us.

In this episode of Dial P, host Kelly Barner covers:

  • The basis of the very public dispute between Spencer Patton and FedEx Ground
  • The details of the court ruling, effective March 10, 2023, in favor of Route Consultant
  • Why the differences between constitutionally protected speech and commercial speech created a distinction that played in Patton’s favor

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