Attorney Profiles

The Verdict: How Amelia Hartwell Won a Landmark Misclassification Case

Inside the four-year trial strategy that produced a $48.2M settlement for 2,400 drivers — and what it means for the next generation of gig-economy litigation.

By Daniel ReyesMay 20, 20269 min read
The Verdict: How Amelia Hartwell Won a Landmark Misclassification Case

On the morning of the verdict, Amelia Hartwell did not wear navy. She wore charcoal — a deliberate choice, she would later say, because navy is what defendants wear to look honest, and she wanted the jury to see her as exactly what she was: a lawyer who had been preparing for this moment for four years.

Hartwell v. Continental Logistics began the way most class actions begin — with a single phone call. A long-haul driver named Marcus Reed had been told, for the third year in a row, that he was an independent contractor. He was also told where to be, when to be there, what to wear, and how to file his paperwork.

It took Hartwell's team eighteen months to certify the class. It took another two and a half years to bring it to verdict.

"The thing about misclassification cases," Hartwell told FedKite in her Midtown office, "is that the companies have spent a decade getting better at the paperwork. So you can't win on the paperwork. You have to win on the lived reality of the workers."

The $48.2 million settlement, announced on the courthouse steps in March, will be distributed to 2,400 drivers across nine states. It is, by most measures, the largest driver-misclassification recovery in the Second Circuit's history.

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About the author

Daniel Reyes

Daniel Reyes covers the legal industry for FedKite. He was previously a staff reporter at The American Lawyer.

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Amelia Hartwell

Hartwell & Vance LLP · New York, NY

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