Photo: Diego M. Radzinschi/ALMNew York Top Court Says Clickwrap Assent Binds Plaintiff's Personal-Injury Claim to Arbitration in Uber Case
The New York Court of Appeals sided with Uber Technologies on Monday, sending a personal-injury claim to arbitration after the plaintiff mistakenly assented to the forum on a clickwrap.
November 25, 2024 at 03:13 PM
5 minute read
What You Need to Know
- The New York Court of Appeals sided with Uber Technologies on Monday, sending a personal-injury claim to arbitration after the plaintiff mistakenly assented to the forum in a routine click on her cellphone.
- The plaintiff sued the ride-hailing service after an Uber driver let her out in the middle of a street in Brooklyn, where she was struck by another vehicle.
- In 'Wu v. Uber Technologies,' the plaintiff had filed suit in a New York trial court, but later clicked the consent button on a mass email from Uber informing customers of changes to its terms of use, including a hyperlink to changes to its arbitration agreement and procedures and rules for filing a dispute against Uber.
A user of Uber Technologies' ride-hailing services suing the company in a trial court for personal injuries, but later said she assented to have disagreements heard by an arbitrator after mistakenly making a routine click on her cellphone, is bound to the latter forum, New York's top court said in a split decision on Monday.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Judge Sets April Retrial Date in Sarah Palin Defamation Action Against NY Times
'Farcical': US Judge Threatens Rudy Giuliani With Contempt Over Lack of Asset Disclosure
Judge Orders Rudy Giuliani to Court Amid Allegations He's Hiding Assets Under Receivership
Trending Stories
- 1Zero-Dollar Verdict: Which of Florida's Largest Firms Lost?
- 2Appellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
- 3SEC Obtained Record $8.2 Billion in Financial Remedies for Fiscal Year 2024, Commission Says
- 4Judiciary Law §487 in 2024
- 5Polsinelli's Revenue and Profits Surge Amid Partner De-Equitizations, Retirements
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
