MyGround® Support has a very experienced and credible Expert Witness on staff. He has provided numerous professional opinion reports, performed testimony at deposition, performed testimony at hearing, and performed live courtroom testimony at trial for matters related to FedEx Routes (P&D and Linehaul).
We have supported counsel and clients that were FedEx Route Buyers, FedEx Route Sellers, FedEx Route Brokers, and FedEx Route Contractors.
Some Buyers feel they may have bought routes or runs from Sellers that don't hold the value or financial returns purported. Sometimes Buyers feel contractual and management aspects ultimately weren't what the Seller described. The Buyer may have performed proper due diligence and engaged unbiased professional advisors, but may have been provided data by the Seller that was willfully erroneous or the Seller knowingly withheld key information that was requested by the Buyer (failure to disclose upon request).
Some Sellers find themselves in situations where Buyers challenge the Seller's data after the sale, refuse to pay on installment sale amounts, or take legal action against the Seller of the routes or linehaul runs. The Buyer may feel they bought routes or runs from Sellers that don't hold the value or financial returns purported by either the Seller and/or Route Broker. In some cases the Buyer may have misunderstood the situation, did not understand the sale was an Asset Sale, did not engage appropriate unbiased professional advisors, did not analyze the information disclosed when requested, nor did they perform or put the required resources into detailed due diligence.
In other situations the Route Broker may have purposely misrepresented the Seller's information to a Buyer in hopes of making the opportunity look more attractive than what it was. The Buyer may have purchased the routes or linehaul runs based on such purposeful, gross misrepresentation by the Route Broker or misunderstood risks of an Asset Sale. In such cases the Route Broker may have created a "proforma" income statement, purporting it be that of the Seller's when the Seller did not provide such "proforma" income statement. Partial sales of routes or linehaul runs could be very prone to this scenario.
Some FedEx Ground Contractors find themselves in situations where FedEx Ground terminated their ISP (P&D) or TSPA (Linehaul) Agreement. Some of these contractors feel they may have been terminated unjustly and pursue litigation with FedEx Ground. For damages potentially incurred, a market valuation of the contracted service area or linehaul runs may be needed.
Regardless of any situation you are in, its very important to reach out to an Attorney if you are considering litigation against a Seller, Buyer, Route Broker, or FedEx Ground.
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