After months of deliberation, U.S. District Judge Charles R. Breyer granted Uber’s motion to transfer 11 bellwether cases back to their home states for trial in the Uber sexual assault multidistrict litigation (MDL). The judge found that Uber’s Terms of Use and the included forum-selection clause are valid and enforceable, so the bellwether cases will be transferred to the appropriate districts once pre-trial proceedings conclude in California. This decision contradicts the typical MDL process.
In alignment with that process, Uber and the plaintiffs’ attorneys originally selected 20 bellwether cases to be tried as representative samples for the MDL pool, and 16 of those cases selected the Northern District of California as their designated trial venue. Of those 16, 13 allege the assault or harassment they endured occurred in another state. One of the remaining 13 was dismissed in full last week, leaving 12 cases that could be transferred to their home courts. The court granted 11 transfers and denied one because the plaintiff was a minor when she accepted the Terms of Use.
Uber’s Original Motion to Transfer
In late May, Uber filed a motion requesting that 13 of the 20 bellwether cases in the Uber sexual assault MDL be conducted in their home states rather than in the Northern District of California, where they were consolidated. The rideshare company asserted that the plaintiffs agreed to this forum change by entering the app’s Terms of Use.
The MDL process typically involves transferring numerous similar cases to one court for coordinated pretrial proceedings and then returning them to their original courts for trial. However, bellwether trials, which serve as representatives of all cases in the pool and face trial first, are typically held in the MDL’s consolidated jurisdiction–in this case, the Northern District of California.
The Judge’s Reasoning
Despite the bellwether plaintiffs’ assertion that there is no legal precedent for enforcing a forum-selection clause that bears any similarity to the Uber Terms of Use, Judge Breyer determined that the terms and the clause constitute a valid and enforceable contract.
“Not only is Uber’s forum selection clause facially enforceable, it also undoubtedly encompasses Plaintiffs’ claims,” Judge Breyer wrote in the July 15 order. The judge also found that no extraordinary circumstances in the bellwether cases necessitated a legal exception to Uber’s forum selection clause.
What This Means for the Uber MDL
The typical MDL process involves consolidated pretrial proceedings, including bellwether trials, in a single court–in this case, the Northern District of California federal court. Then the remaining cases in the MDL will be transferred back to their home states and districts for trial.
However, because Uber’s Terms of Use and forum selection clause have been deemed enforceable, Uber may be motivated to compel arbitration, further attempt to transfer cases, and otherwise delay the process for the remaining cases in the MDL.
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 and 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.
