Lawyers for Uber Technologies Inc. are seeking to force the estate of a New Mexico man who died after being shot by his Uber driver to pursue wrongful death claims against the company in arbitration.

The company's lawyers at Modrall Sperling in Albuquerque, New Mexico, filed a complaint to compel arbitration Wednesday in the U.S. District Court for the District of New Mexico in the wrongful death suit brought on behalf of James Porter. Porter, a 27-year-old who worked for Hewlett-Packard in Rio Rancho, New Mexico, died after being shot by his Uber driver, Clayton Benedict, on March 17, 2019. Uber's federal complaint came as the company fired motion to compel arbitration in the wrongful death lawsuit pending in New Mexico state court hit the docket. (The federal filing was surfaced by Legal Radar, Law.com's free, personalized news feed.)

According to Uber's suit seeking arbitration, Porter had to agree to the company's U.S. terms of use, which include an agreement to resolve any disputes in arbitration, prior to using the rider app. The suit claims that Dennis Murphy, the personal representative of Porter's estate, is bound to the agreement to arbitrate disputes Porter agreed to at sign-up.

"As the personal representative of Mr. Porter's estate, Defendant Murphy now stands in the shoes of Mr. Porter insofar as he was a party to, and legally obligated to comply with, the Arbitration Agreement included in Uber's Terms of Use," wrote Uber's lawyers. "Therefore, Defendant is bound to resolve all disputes, including 'any dispute, claim or controversy arising out of or relating to … your [Porter's] access to or use of the Services at any time,'" they wrote, citing the terms of the agreement.

Uber representatives and the lawyers listed on the federal complaint, Modrall Sperling's Tim Fields, Nathan Nieman and  Jennifer Kittleson, didn't respond to requests for comment.

According to local press reports, Benedict, the Uber driver, shot Porter after pulling over after another passenger with Porter had vomited in Benedict's vehicle on Saint Patrick's Day. The two were allegedly arguing over a $250 cleanup fee when Porter was shot. Local prosecutors had sought to pursue second-degree murder charges against Benedict, but Judge Neil Candelaria of New Mexico's Second Judicial District in August allowed them to move forward with the lesser charge of voluntary manslaughter. The criminal case remains pending against Benedict, who was also named as a defendant in the wrongful death lawsuit.

David Adams, who represents the Porter estate alongside his partner Charles Parnall of Parnall & Adams Law in Albuquerque, said that Uber's efforts to compel arbitration in the case stand in contrast to the company's publicly stated commitment to transparency in dealing with cases of driver assault and sexual harassment.

"The Uber driver at the time of this unfortunate homicide had a documented history of alleged violence, and I am sure Uber will do everything they can to hide this case and story from the public," Adams said by email Friday. "As attorneys that believe in deterrence and the influence of the justice system on the general public, we will challenge their motion so James' story doesn't go untold."