Uber Sexual Assault MDL Judge Considered Expanding Jury Pool in Next Bellwether Trial

While attorneys for women pursuing sexual assaut lawsuits against Uber agreed the proposal would be beneficial, the rideshare company is refusing to stipulate to the number of jurors that must agree on a verdict in the April 2026 trial.

As lawyers continue to work to prepare for the next bellwether trial in April 2026, involving allegations that Uber should be held responsible for a driver sexually assaulting a passenger, the U.S. District Judge presiding over the litigation floated the idea of increasing the size of the jury, to provide a more representative sample of how jurors may respond to evidence likely to be repeated throughout thousands of other claims.

The rideshare giant currently faces more than 3,300 Uber sexual assault lawsuits brought by former passengers, almost exclusively women, who say they were harassed, assaulted or attacked by drivers.

Each lawsuit raises similar allegations, indicating that Uber relied on minimal background checks and failed to properly train drivers on sexual harassment and assault awareness. The lawsuits also contend Uber declined to adopt additional safety measures, such as surveillance cameras or enhanced in-app protections, that could help deter assaults or protect passengers during rides.

As the number of women who came forward with similar allegations against Uber rapidly grew, all federal sexual assault lawsuits were consolidated into a multidistrict litigation (MDL) in the Northern District of California in October 2023. The litigation was assigned to U.S. District Judge Charles Breyer, who is overseeing coordinated discovery and pretrial proceedings.

Federal Uber Sexual Assault Trials

As part of the federal MDL proceedings, Judge Breyer has ordered the parties to proceed through a series of six bellwether trials. These representative cases are designed to help both sides evaluate how juries may respond to evidence and testimony likely to be repeated across thousands of similar claims if the litigation proceeds to trial.

The first federal Uber sexual assault bellwether trial went before an Arizona jury last month, resulting in an $8.5 million verdict for plaintiff Jaylynn Dean, who alleged she was raped by an Uber driver in November 2023. Jurors determined that Uber was not liable for failing to provide additional safety features. However, they found the company responsible for the actions of the driver, concluding he was acting as an agent of the rideshare service at the time of the assault.

The second federal bellwether trial is now scheduled to begin jury selection on April 13, 2026, involving claims brought by an anonymous plaintiff identified as WHB 823, who alleges she was sexually assaulted by an Uber driver in North Carolina in March 2019, after ordering a ride through the company’s app.

Expanded Uber Lawsuit Jury Pool

In a pretrial order (PDF) issued on March 3, Judge Breyer indicated that the court was considering expanding the jury from nine members to 12 for the WHB 823 case, which he says would better mirror how other cases would be handled in North Carolina state court. The change, if made, would also provide the parties with information about the relative strengths and weaknesses of their positions, he explained.

“This jury expansion would be contingent on the Parties stipulating that a majority of at least nine jurors would be sufficient to reach a verdict, rather than requiring unanimity. Under this arrangement, the Court would also provide the Parties with three additional preemptory challenges each, for a total of six preemptory challenges per side. “

– U.S. District Judge Charles R. Breyer

In response to the proposal, the parties filed a Joint Submission (PDF) late on Friday, providing their respective positions on the prospect of increasing the size of the jury.

Plaintiffs agreed that seating 12 jurors for the WHB 823 case would be useful and further the goals of the bellwether process, as long as unanimity is not required among the entire group. Therefore, plaintiffs indicated that they were willing to stipulate to the court’s proposal that an agreement among at least nine jurors would be sufficient to reach a verdict.

However, attorneys for Uber indicated that they were unable to agree to such a stipulation. Therefore, absent further developments, the court will likely move forward with a requirement that at least six jurors must unanimously agree to reach a verdict.

While the outcome of the bellwether trials will not be binding on other cases, they are being closely watched as they could have a significant effect on any settlement negotiations. However, if no Uber sexual assault lawsuit settlement is reached after the trials conclude, Judge Breyer may remand the cases back to their originating federal district courts for individual trial dates.

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