Lyft Lawsuit Over Rape by Fraudulent Driver Cleared To Move Forward, Involving Claims App Is a Defective Product
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Judge Dismisses Some Uber Driver Sexual Assault Lawsuit Claims Under Texas and California Law, Allowing Plaintiffs to File Amended Complaints Court will hold a status conference later this month to discuss the timeline for filing amended complaints with more individualized allegations of Uber driver sexual assaults, and renewed motions challenging these amended pleadings. August 19, 2024 Irvin Jackson Add Your Comments The U.S. District Judge presiding over all Uber driver sexual assault lawsuits has dismissed a number of claims brought under Texas and California state law, but is providing plaintiffs the opportunity to file amended complaints containing more individualized allegations necessary for the litigation to move forward. Uber currently faces more than 400 lawsuits brought throughout the U.S. court system, each involving similar allegations that Uber drivers sexually assaulted passengers, since the rideshare company failed to take appropriate safety precautions to prevent sexual predators from targeting passengers on a regular basis. Given common questions of fact and law raised in the complaints, the U.S. Judicial Panel on Multidistrict Litigation established an Uber driver sexual assault lawsuit MDL in October 2023, centralizing all claims before U.S. District Judge Charles R. Breyer in the Northern District of California, for coordinated discovery and a series of early “bellwether” trials to gauge how juries may respond to certain evidence and testimony that may be repeated throughout the litigation. Learn More About Uber Sexual Assault Lawsuit A lack of passenger safety features and cursory background checks for drivers have resulted in an alarming number of rapes and sexual assaults by Uber drivers. Lawyers provide free consultations and claim evaluations. Learn More SEE IF YOU QUALIFY FOR COMPENSATION Learn More About Uber Sexual Assault Lawsuit A lack of passenger safety features and cursory background checks for drivers have resulted in an alarming number of rapes and sexual assaults by Uber drivers. Lawyers provide free consultations and claim evaluations. Learn More SEE IF YOU QUALIFY FOR COMPENSATION Earlier this year, Uber filed a motion to dismiss claims brought under the laws of a few select states, arguing that plaintiffs failed to present viable theories to hold the rideshare company liable under theories of fraud and misrepresentation, negligent infliction of emotional distress, failure to provide safe transportation, failure to warn and design defects. Dismissed Uber Sexual Assault Lawsuits Can Be Refiled In a pretrial order (PDF) issued on August 15, Judge Breyer addressed motions filed under the laws of California and Texas, agreeing to dismiss all of the Texas state law claims and most of those brought under California state law. However, he gave plaintiffs affected by the decision permission to refile amended complaints with more individualized allegations to address problems with how Uber lawsuits were filed. Early in the litigation, plaintiffs filed a master complaint outlining all of the allegations and claims presented against Uber, which then allowed each individual claimant to file a short-form complaint adopting certain allegations relevant to their claims. However, Uber argued that the filings were deficient and failed to state a claim upon which relief could be granted. The master complaint outlined Uber’s failure to take steps that could have prevented the large numbers of sexual assaults committed by drivers, alleging that the company long marketed itself in a misleading way, particularly when it came to passenger safety. However, the company actually was incentivized to avoid imposing safety measures that would deter drivers and increase wait times for passengers seeking rides. Therefore, plaintiffs indicate that Uber uses only cursory background checks, and failed to handle complaints involving sexual assault in a manner that could have protected riders. However, Judge Breyer points out that the master complaint and various short form complaints fail to contain individualized facts, causing the lawsuits to fail due to the absence of allegations to make the individual causation allegations plausible. “As Uber points out, whether a given design defect is proximate or even but-for cause of any plaintiff’s injury will depend on the circumstances of the alleged assault or harassment,” Judge Breyer wrote in a potion of the 55 page order. “For example, if a plaintiff was assaulted by someone of the same gender – or would not have selected a driver of the same gender if able to do so – then Uber’s failure to design that feature in the app did not cause their injury. If a plaintiff was assaulted on a ride without any route deviations or unexpected driving, then designing the app to flag such conduct could not be said to have caused a given assault. And if the alleged assailant was a registered driver, such that any biometric screening would not have prevented him from using the app, then failing to add that feature did not cause the assault. Here, neither the [Master Complaint] nor the short-form complaints contain any descriptions of the alleged incidents, nor do they otherwise explain how the absence of a given feature caused any particular assault.” While the claims brought under Texas and California state law were dismissed, Judge Breyer gave plaintiffs leave to amend the pleadings, and scheduled a case management conference for August 29, 2024, to discuss the timeline for such filings, as well as any challenges that will be filed on the amended pleadings. The parties have been directed to file a joint status report in advance of the meeting. Tags: California, Rideshare, Sexual Assault, Sexual Harassment, Texas, Uber Image Credit: IB Photography More Uber Sexual Assault Lawsuit Stories Uber Sex Abuse Lawsuits Selected for Bellwether Discovery and Test Trials in MDL February 26, 2025 Group of 20 Uber Driver Sexual Assault Lawsuits Will Be Prepared for Bellwether Trials in Dec. 2025 December 30, 2024 Lyft Lawsuit Over Rape by Fraudulent Driver Cleared To Move Forward, Involving Claims App Is a Defective Product November 12, 2024 0 Comments Share Your CommentsFirst Name*Last NameEmail* Shared Comments*This field is hidden when viewing the formI authorize the above comments be posted on this page Yes No Post Comment I authorize the above comments be posted on this page Weekly Digest Opt-In Yes, send me a weekly email with the latest lawsuits, recalls and warnings. Want your comments reviewed by a lawyer?To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.Contact Phone #Alt Phone #Private CommentsNOTE: Providing information for review by an attorney does not form an attorney-client relationship.CAPTCHAGA SourceGA CampaignGA MediumGA ContentGA TermNameThis field is for validation purposes and should be left unchanged. Δ MORE TOP STORIES Depo-Provera Meningioma Diagnosis Information Required To Qualify for Lawsuit: Order (Posted: today) Women pursuing Depo-Provera meningioma lawsuits will have to provide documentary proof of their diagnosis and the versions of the birth control shot they received within 120 days of filing their case. 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Group of 20 Uber Driver Sexual Assault Lawsuits Will Be Prepared for Bellwether Trials in Dec. 2025 December 30, 2024
Lyft Lawsuit Over Rape by Fraudulent Driver Cleared To Move Forward, Involving Claims App Is a Defective Product November 12, 2024
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Cartiva SCI Lawsuit Alleges Toe Implant Worsened Pain, Decreased Range of Motion (Posted: yesterday) An Indiana woman has filed a Cartiva SCI implant lawsuit, indicating that the toe implant failed due to a defective design, resulting in the need for revision surgery and recommendations to permanently fuse her big toe. MORE ABOUT: CARTIVA IMPLANT LAWSUITCartiva Implant Injury Lawsuit Set for Trial in February 2026 (03/07/2025)Lawsuit Indicates Cartiva Implant Fails in 2 Out of 3 Patients, But Continued To Be Sold in U.S. (02/13/2025)Cartiva Toe Implant Lawsuit Filed Over Worsened Pain, Reduced Range of Motion and Need for Surgical Removal (02/07/2025)
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