Uber and Lyft Sexual Assault Class Action Lawsuits September 2024 Update

September 3, 2024:

• 9th Circuit Rules Uber Has Duty of Care Towards Drivers and Passengers: The U.S. Court of Appeals for the 9th Circuit ruled that Uber has a duty of care towards its drivers and passengers due to its control over the driver-rider matching process and its representations of driver safety. This ruling, although unreported, could influence the ongoing Uber sexual assault MDL, emphasizing Uber's legal obligation to ensure safety through measures like stringent background checks, monitoring, and safety features.

August 28, 2024:

• Status Conference Prepares for Key Discussions in Uber MDL: A joint status conference statement outlines several critical areas for discussion in the upcoming August 29th conference, including case filings, recent motions, proposals for amending complaints, discovery disputes, and settlement and case management strategies. The parties present differing views on handling complaint amendments and potential motions to dismiss, with plaintiffs favoring a selective approach and Uber advocating for a comprehensive resolution.

August 19, 2024:

• Uber Wins Partial Dismissal in Sexual Assault MDL: Judge Breyer temporarily reduces the scope of the master complaint in the Uber sexual assault MDL, dismissing product liability claims under California and Texas law. The judge found that the claims focused more on Uber's operational practices than inherent design flaws in the app. However, the court allows other claims, such as negligence in service provision, to proceed and grants plaintiffs the opportunity to amend the master complaint.

The next Case Management Conference is scheduled for August 29, 2024, during which the parties will discuss the schedule for submitting and contesting amended legal documents. The outcome of this will determine whether the complaint can be successfully reframed to meet the court's requirements. Even if not, the MDL remains a viable venue for pursuing these sexual abuse lawsuits.

August 8, 2024:

• RAINN Subpoena Upheld in Uber MDL: The court has ordered RAINN, the Rape, Abuse, and Incest National Network, to comply with a subpoena seeking documents related to its work with Uber on sexual misconduct and safety procedures. RAINN's objections to the subpoena, citing its broad scope, were overruled by a federal judge. This ruling represents a significant development in the ongoing Uber driver sexual assault MDL, as it allows plaintiffs' attorneys to access potentially valuable information about Uber's safety practices and its collaboration with RAINN.

August 5, 2024:

• Court Sets Deposition Guidelines in Uber MDL: The magistrate judge in the Uber class action MDL issues an order establishing deposition guidelines, addressing deposition caps, duration, and procedures for handling document authenticity challenges.

August 1, 2024:

• Uber Sexual Assault Cases Surge: The Uber Passenger Sexual Assault MDL experiences a significant increase, with active cases growing from 321 to 387 in July.

July 31, 2024:

• Lyft Reaches Settlement in Shareholder Sex Abuse Lawsuit: Lyft and investor plaintiffs file a motion for preliminary approval of a settlement agreement in the Lyft shareholder sex abuse lawsuits, which includes reforms to protect passengers from sexual predators.

July 25, 2024:

• Dallas Woman Files Uber Sex Abuse Lawsuit: A woman from Dallas files a new Uber driver sex abuse lawsuit in the MDL, alleging she was sexually assaulted during a ride.

July 22, 2024:

• Magistrate Judge Schedules Hearing for Deposition Protocols and Clawback Dispute in Uber MDL: The magistrate judge schedules a hearing to address proposed deposition protocols and a clawback dispute in the federal Uber MDL class action lawsuit. Key issues include potential time limits on depositions, the scope and number of witnesses, and the timing for determining the number of depositions. The court will also consider adopting a protocol for handling authentication and business record disputes.

July 19, 2024:

• Court Orders Uber to Produce Full Data on Sexual Assault and Misconduct Incidents: The magistrate judge orders Uber to produce data and documents related to all alleged incidents of sexual assault and misconduct from 2017 to 2020. This includes incidents falling under all twenty-one categories of sexual misconduct identified by Uber, not just the five most serious categories covered in the company's 2019 and 2022 Safety Reports. The court rejected Uber's argument that reports from the other sixteen categories were unreliable and should not be subject to discovery. The judge granted the plaintiffs' request for data exports from Uber's JIRA, Bliss, and Zendesk databases, with a deadline for compliance set for July 19th.

July 17, 2024:

• Court Sets Deadline for Uber Data Production: In anticipation of the upcoming status conference on July 18, the magistrate judge has ordered Uber to produce data and documents related to sexual assault and misconduct incidents by July 31, 2024. The court emphasizes transparency and expresses concerns about potential redactions in incident reports. The order also calls for discussion on resolving disputes over third-party subpoenas and search terms. Additionally, an update is expected on the plaintiffs' identification of custodians for discovery.

July 10, 2024:

• Court Grants Plaintiffs Access to Safety Incident Data: In a pivotal ruling, the court grants plaintiffs access to specific documents and data regarding safety incidents, including GPS data and trip details. This information is crucial for identifying patterns of sexual assault and misconduct and understanding Uber's knowledge and response to such incidents. The court rejected Uber's request for access to all 800,000 user reports, deeming it overly broad.

July 3, 2024:

• New Lawsuit Filed in Illinois: An Illinois woman files a new lawsuit alleging she was assaulted, harassed, or attacked by an Uber driver during a ride in Madison County, Illinois, on August 14, 2022.

July 1, 2024:

• Uber Passenger Sexual Assault MDL Grows: The Uber Passenger Sexual Assault MDL in California saw a 16% increase in active cases last month, rising from 276 lawsuits to 321.

June 27, 2024:

• Court of Appeal Upholds Ruling Impacting Non-California Uber Cases: The California Court of Appeal upheld a trial judge's forum non conveniens order in Doe v. Uber Technologies, Inc., affecting non-California cases within the Judicial Council Coordinated Proceedings (JCCP). This ruling means that plaintiffs with non-California cases in the JCCP must file their cases within 60 days of the order's date, or seek court approval for later filings.

May 30, 2024:

• New Lawsuit Filed: A California woman alleges she was sexually assaulted by her Uber driver during a ride. The lawsuit highlights a pattern of similar assaults and seeks to hold Uber accountable for passenger safety.

May 27, 2024:

• Case Management Conference Held: The court addressed procedural issues in the MDL, overseeing 297 cases and 395 additional lawsuits in California state courts. Key points of contention included:
  
  
• Uber's request to limit new case filings based on the outcome of a forum non conveniens appeal (opposed by plaintiffs)
  
  
• Discovery progress, with debates over document production and retrieval methods
  
  
• Uber's request to begin written discovery from plaintiffs (opposed by plaintiffs due to potential trauma)

May 22, 2024:

• Judge Rejects Uber's Forum Selection Clause: Uber's attempt to block the consolidation of lawsuits using a clause in its terms of use was denied. The judge ruled such clauses cannot prevent MDL formation.

May 1, 2024:

• 12 New Cases Added to MDL: The total number of cases in the Uber sexual assault MDL has grown to 252.

April 27, 2024:

• Uber's Multi-Pronged Attack on Lawsuits: On April 1st, Uber's legal team launched a multi-pronged attack, filing motions to dismiss six separate lawsuits. Here's a breakdown of their arguments:
  
  
• State-Specific Challenges (California, Florida, Texas): Uber claims a prior class action settlement and unfair competition laws in these states render the lawsuits invalid. This tactic suggests Uber may believe some state laws offer them better legal footing.
  
  
• Jurisdictional Dispute (Maryland Lawsuit): They argue the Maryland lawsuit, involving an assault outside the US, falls outside the court's jurisdiction. This tactic highlights Uber's attempt to potentially limit the scope of the MDL.
  
  
• Weakness in Plaintiff Claims: Uber asserts the remaining motions target weaknesses in the plaintiffs' legal arguments, suggesting they may be looking for technicalities to dismiss some cases.
  
  
• Upcoming Hearing: Judge Breyer has imposed a deadline for plaintiffs to counter Uber's motions by April 30th (today). Uber then has until May 14th to offer a rebuttal. Following these exchanges, the court will hold a hearing to determine the fate of the dismissal requests.

April 16, 2024:

• Dispute Over Electronically Stored Information (ESI) Management: Disagreement arises on how to handle hyperlinked documents in emails during discovery. Plaintiffs argue for retrieving all versions of linked documents, while Uber proposes a manual retrieval process for specific requests.

April 12, 2024:

• Uber Introduces New Safety Features: In response to the lawsuits, Uber announces new passenger safety features like RideCheck monitoring, PIN verification, trip recording, and real-time trip sharing.

April 9, 2024:

• Shareholder Lawsuit Filed: A lawsuit alleges Uber misled investors by downplaying sexual assault reports, potentially inflating stock prices.

April 1, 2024:

• MDL Case Count Update: The number of cases in the Uber sexual assault MDL reaches 230, with 43 added since the year began.

March 22, 2024:

• Order Issued for Fact Sheets: The court establishes a format and timeline for exchanging plaintiff and defendant fact sheets in the MDL.

March 6, 2024:

• Judge Orders Uber to Produce Sexual Misconduct Investigation Documents: Uber is directed to provide documents related to government investigations into Uber driver sexual misconduct.

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The hidden risks of ridesharing: When convenience meets vulnerability

It’s as easy as a few taps on your smartphone to get a ride home, to work, or to the other side of town. Uber and Lyft have changed how we get around, but not all these changes are for the better. Reports have come in with some serious concerns—thousands of Uber and Lyft drivers have been accused of sexual assault. It’s a hard truth that might make us think twice before we hop into the backseat.

The dark side of ridesharing

Unfortunately, alongside the stories of convenience and service are troubling accounts of rideshare abuse. Some passengers have faced grave situations ranging from uncomfortable encounters to outright assaults. These are not just statistics; they represent real people who have had to endure traumatic experiences that can leave lasting emotional scars.

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How safe are Uber and Lyft?

A spotlight has been cast on the safety of rideshare services after a CNN report revealed alarming stories of passengers being harmed by their drivers. While Uber and Lyft assure us that they conduct thorough background checks, many are left wondering: Are we truly safe when we tap our phone screens to hail a ride?

The startling numbers in safety reports

An eye-opening Uber safety report unveiled nearly 6,000 serious sexual assault incidents over a span of two years (2017 and 2018). These weren't minor infractions; they ranged from unwelcome touching to attempts and instances of sexual assault.

The unveiling of this report wasn't spontaneous—it was a direct answer to a surge in legal actions and a public outcry for transparency and better accountability. Yet, experts suggest that these figures may just scratch the surface, considering sexual assault is frequently unreported.

Lyft's report brings more concerns

Not to be overshadowed, Lyft's own safety report emerged in October 2021, offering a broader picture by including data from 2017 through 2019. Over these three years, more than 4,000 sexual assaults were reported, including 360 instances labeled as rape, and over 2,000 cases involving inappropriate touching.

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Understanding the categories of reported assaults

The reported sexual assault allegations spanned five disturbing categories:

• Non-consensual kissing of a non-sexual body part
• Attempted non-consensual sexual penetration
• Non-consensual touching of a sexual body part
• Non-consensual kissing of a sexual body part
• Non-consensual sexual penetration

Given that sexual assault is one of the most underreported offenses, with more than two-thirds going unreported according to RAINN, the true scope of the problem could be even greater.

Do background checks make a difference?

Even with background checks, the potential for drivers with criminal intent slipping through the cracks remains. CNN's investigation in 2018 highlighted several such cases, leading to increased scrutiny of Uber's practices. This has triggered several lawsuits against the rideshare companies, accusing them of not doing enough to protect their users.

Rideshare safety scrutinized in court

Rideshare companies like Uber and Lyft are increasingly being challenged in court over their commitment to passenger safety. Numerous lawsuits allege that these companies fail to adequately safeguard passengers, spotlighting the need for more than just background checks.

Allegations point to a pattern of inadequate responses to reported sexual assaults. Victims argue that Lyft, for example, has not only conducted insufficient background checks but has also failed to take appropriate action when assaults are reported. The concern is not just the initial safety protocols but also the follow-up actions when incidents occur.

The surge of litigation includes a consolidated case in the Northern District of California, where as of January 2024, 187 pending lawsuits are part of a multidistrict litigation (MDL). These cases argue that Uber and Lyft have not taken the necessary steps to protect passengers and drivers, leading to numerous reports of sexual assault and harassment.

The legal pressure on rideshare companies has been building over the years, with settlements reached and ongoing claims pushing the companies to reevaluate their safety measures. The courts are now a battleground for these critical issues, with past and present cases highlighting the urgency for rideshare companies to ensure a safer experience for all users.

Safe Rideshare 101: Tips to protect yourself

We all love the convenience of catching a ride with just a few taps on our phones. But let’s be real—staying safe is the most important thing. Here are smart moves you can make for your own protection:

• Match the Details: Before you hop in, take a moment to ensure the driver's photo and the vehicle details line up with what's in the app.

• Your Name, Please: It's a good practice to have the driver confirm your name before you get in. It's a quick way to ensure you're getting into the right car.

• Share Your Journey: Use your app to let a friend know where you are and where you're headed. It's an easy step for peace of mind.

• Route Checks: If the chosen route looks off, don't hesitate to speak up. And if you're not feeling comfortable, request a stop in a populated area.

• Opt for the Backseat: Sitting in the back gives you a little extra space and more options to exit the vehicle if needed.

• Keep It Professional: Friendly conversation is fine, but your personal information should stay private. Your driver doesn't need to know it.
  

• Safety First: Always wear your seatbelt. It's a simple but crucial safety measure.

• Additional Safety Apps: Consider using other safety apps with features like video recording or emergency alerts for added security.

• Ride Together: If possible, share your ride with someone you know. It's safer and can be more enjoyable.

• Safe Waiting Spot: While waiting for your ride, stay in a well-lit and safe area, ideally indoors until your ride arrives.

• Driver Awareness: Pay attention to the driver's behavior and the safety of their driving. Report any concerns to the service provider.

• Discreet Drop-off: Have the driver drop you off close to, but not exactly at, your destination to protect your home address.

• Listen to Your Instincts: If something doesn't feel right at any point, trust your gut and choose not to take the ride.

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Beyond the background check: The call for tighter security

The reliance of rideshare companies on background checks is being called into question. Is this process thorough enough? The call for tighter security comes from a place of concern. Advocates are pushing for continuous monitoring of drivers and the implementation of in-car cameras to deter misconduct and provide evidence if an incident occurs.

Some suggest that rideshare apps should have real-time safety features that allow riders to quickly contact emergency services. Another proposal is for a more transparent reporting process for incidents, which would include regular publication of safety audits and data.

The California Public Utilities Commission (CPUC) is already taking steps to address these concerns. Their regulations demand that rideshare companies don't just stop at background checks; they must also provide drivers with ongoing training to prevent sexual assault and harassment. Uber and Lyft are responding by collaborating with RAINN to create comprehensive training aimed at increasing awareness and preventing misconduct.

The lasting impact of rideshare-related assaults

It’s a hard truth that the journey to recovery after a rideshare assault can be as tough as the incident itself. Survivors grapple with emotional scars that can overshadow any physical injuries, shaking their sense of safety to the core.

Defining sexual assault in rideshare situations

Sexual assault is about unwanted contact, and it doesn't discriminate – anyone can be a target. In the rideshare world, it’s often a case of a driver crossing lines they shouldn't. It boils down to consent, or rather, the absence of it, which is what tips the scale from a bad experience to a criminal act.

Sexual harassment, although sometimes less severe in the eyes of the law, shouldn't be taken lightly. It's a slippery slope from an inappropriate comment to something that can end in an assault.

The risks for rideshare users

When you step into a rideshare car, you're in a unique spot – alone with a stranger at the wheel. It can feel extra risky when you're out late, a bit tipsy, or in an unfamiliar place. Some drivers might see this as an opportunity, using force or intimidation to commit assault.

Tackling the legal side

If you’re looking to take legal action after such an ordeal, connecting the dots between the assault and the rideshare service’s responsibility is crucial. Physical injuries might be clear-cut or not, but often, the wounds you can't see carry the heaviest weight. Survivors might battle with nightmares, anxiety, or a whole host of stresses that turn life upside down.

For those seeking justice, medical documentation can prove crucial, even without a rape kit. It's vital for survivors to know that their experiences are acknowledged and that support and legal options are available.

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If you are a victim

Every rideshare assault case is unique, yet there's a common thread: the allegation that rideshare companies didn't do enough to keep passengers and drivers safe.

As the number of lawsuits alleging sexual assault against rideshare providers like Uber and Lyft climbs, it's clear there's a pressing need for systemic reform. We're talking tighter driver screenings, better victim support, and stronger safety measures inside the cars. And those who've endured such assaults at the hands of rideshare drivers are now stepping up, seeking justice for the harm they've suffered.

For anyone who's survived sexual assault related to an Uber ride since 2009 or a Lyft ride since 2012, it’s important to know there are actions to help navigate the aftermath. Getting medical care right away, recording every detail you can remember, and talking to a lawyer who knows the ropes can be powerful steps toward healing and holding the responsible parties accountable.

Fill out the form on this page now for more information and take the first step towards pursuing the compensation and justice you deserve.

If you or someone you know has been affected by sexual assault, help is just a phone call or click away. You can reach out to the National Sexual Assault Hotline any time, day or night, at 1-800-656-4673. Prefer to type rather than talk? There's a live chat option at rainn.org, where RAINN will link you up with supportive folks in your area. They're there to lend a caring ear and guide you through what comes next, from reporting the incident to finding ways to heal and recover.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.

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