On July 8, the federal judge overseeing the Uber sexual assault multi-district litigation (MDL) partially granted and partially denied the rideshare company’s April motion to dismiss the plaintiffs’ bellwether complaints. These 20 complaints were filed by victims of sexual assault by Uber drivers who assert that Uber is responsible for enabling the assaults to occur. The court dismissed several plaintiffs’ fraud, misrepresentation, product liability, and negligence claims, while preserving other fraud, product liability, and vicarious liability claims. One bellwether case was dismissed in its entirety and must now be replaced.
Dismissed Claims
Uber’s motion to dismiss the bellwether plaintiffs’ fraud and misrepresentation claims was granted in relation to its “designated driver” marketing. These claims alleged that two Uber ads offering Uber as a safe alternative to drunk driving did not provide information on the risks of driver sexual assault. However, the court sided with Uber that no reasonable consumer would interpret the ads to represent anything about sexual assault.
Several plaintiffs alleged that Uber’s failure to employ “safe ride matching” to block certain high-risk rider-driver pairings was a product defect. However, the court previously held that such allegations were not a product defect, so these product liability claims were dismissed. Negligence claims against Uber in four bellwether cases were also dismissed.
Preserved Claims
Uber’s motion to dismiss the plaintiffs’ fraud and misrepresentation claims was denied in relation to “driver notifications” allegations, which assert that Uber should’ve disclosed reports of prior driver misconduct when notifying users about their drivers.
The plaintiffs’ product liability claims rooted in gender matching or app-based ride recording allegations are allowed to proceed. Additionally, several plaintiffs’ vicarious liability claims under Oregon and North Carolina law, which assert that Uber is responsible for the actions of its drivers, were not dismissed.
How Does This Impact the Uber MDL?
The judge’s decision on the fate of the 20 bellwether cases may give attorneys insight into how similar claims in other cases will be handled in the future. Because one bellwether plaintiff had their entire amended complaint dismissed in full, the plaintiffs’ attorneys must select a new bellwether case within 14 days, and Uber must select a replacement case for Trial Wave 1. The court also ordered the parties to file a chart identifying the bellwether plaintiffs’ remaining claims by July 23.
How Helping Survivors Can Help
If you or a loved one has been the victim of sexual assault by an Uber driver, Helping Survivors can help. We offer confidential legal support, as well as connections with experienced rideshare sexual abuse law firms to inform you of your legal options and provide representation throughout the legal process. Contact us today for a free, confidential consultation to find out how we can assist you in your pursuit of justice.
