Lawyers Propose Uber Passenger Sexual Assault Lawsuits for First MDL Trials

Trial is expected to begin in December 2025, involving an Uber sexual assault lawsuit that raises allegations similar to those presented in thousands of other claims being pursued by passengers who were raped or attacked by drivers.

An Arizona woman who says she was raped by an Uber driver will be the first to have her lawsuit against the rideshare service go before a jury, according to recently released court documents.

Both plaintiffs and defendants have agreed that Jaylynn Dean’s complaint (PDF), which was originally filed in December 2023, should be the first in a series of “bellwether” early test trials designed to help lawyers evaluate how juries may respond to certain evidence and testimony that will be repeated throughout more than 2,500 Uber passenger sexual assault lawsuits brought throughout the federal court system.

Despite varying degrees of inappropriate conduct by Uber drivers in the lawsuits, ranging from sexual harassment to kidnapping and rape, each claim raises allegations that the rideshare service prioritized profits and growth over the safety of passengers, by failing to implement adequate measures to screen drivers and prevent attacks.

Plaintiffs, mostly women, say the company provided only the barest of background checks on its drivers, failed to provide surveillance cameras for Uber vehicles, which could protect both passengers and drivers, and failed to put drivers through sexual assault and harassment awareness and training.

Even though many specific details in each incident vary, the common questions of fact and law raised in complaints brought throughout the federal court system led to the establishment of an Uber passenger sexual assault lawsuit MDL (multidistrict litigation) in October 2023, with U.S. District Judge Charles Breyer appointed to preside over coordinated discovery and pretrial proceedings in the Northern District of California.

First Uber Lawsuit Bellwether Trials Chosen

Early in the litigation, Judge Breyer established a “bellwether” process, designed to identify a small group of representative claims to serve as early test trials, which could influence Uber passenger assault settlement negotiations.

In May, Judge Breyer reviewed proposals from both parties for bellwether trial selections and identified six claims that will compose Bellwether Trial Wave 1.

This week, both plaintiffs (PDF) and defendants (PDF) submitted letters recommending the order for the lawsuits to go to trial. While they disagreed on many aspects of the Uber passenger sexual assault trial calendar, both sides agreed that the lawsuit filed by Dean should be first.

“Before Dean’s assault, Uber received several reports of driver misconduct, including lewd comments and sexual touching. Uber disregarded these reports and did not disclose them to Dean.”

-Plaintiffs Letter, In re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, MDL No. 3084 CRB; Order of Wave 1 Trials

Uber attorneys agreed with the selection of Dean’s lawsuit, saying it was largely representative of the plaintiffs’ claims.

The parties also agree that the second bellwether trial should involve claims by a North Carolina woman identified only as WHB 823 to protect her identity. Plaintiffs say it is an older case, but of the two defense picks chosen by Judge Breyer for the bellwether pool, it is the only one that has completed fact discovery. WHB 823 was one of two bellwether trials assigned by Judge Breyer to replace two of the original selections due to incomplete fact discovery.

However, the parties disagree about the remaining order of the bellwether cases, meaning Judge Breyer will likely make that decision in the near future.

Wave 2 Uber Passenger Sex Assault Trials

As this first group of Uber bellwether lawsuits move toward trial, Judge Breyer has already directed the parties to start identifying a second group of passenger sexual assault claims to prepare for a second wave of test cases.

In a pretrial order (PDF) issued on August 11, Judge Breyer ordered the parties to file a joint statement before the August 22 case management conference, which must include the selection of five additional Uber passenger sexual assault lawsuits that will comprise this 2nd wave of bellwether trials, as well as a proposed discovery schedule for these claims.

The first bellwether trial is currently scheduled to begin on December 8, and Judge Breyer has previously indicated that if the individual case selected for the first trial settles or is otherwise dismissed before that date, other cases in the wave should be prepared to move forward instead.

While the outcomes of these bellwether trials will not have any binding effect on other claims being pursued by passengers who were sexually assaulted by Uber drivers, they will be closely watched by lawyers involved in the litigation.

The average Uber driver assault lawsuit payouts awarded by juries is expected to have a substantial impact on future settlement negotiations, which will be necessary to avoid the need for hundreds of individual cases to be remanded back to U.S. District Courts nationwide for future trial dates.

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