Uber arbitration award over Emily Normandin-Parker's death

(consumerrights.wiki)

61 points | by dataflow 57 minutes ago

8 comments

  • calibas 11 minutes ago
    > Stone rejected Uber's argument that it is "merely a technology company" connecting riders with drivers, finding that Uber provides transportation services to the public through its app, sets prices and controls key aspects of the rider experience.

    > The arbitrator also rejected Uber's argument that Proposition 22 -- a California ballot measure approved by voters in 2020 that allows companies to classify app-based drivers as independent contractors instead of employees -- prevented the company from being held liable for Tran's conduct.

    The dream of every major tech company, making ridiculous profits while taking zero legal responsibility for what you create...

  • enahs-sf 44 minutes ago
    So Uber ToS requires you to accept arbitration, then, when they are found responsible for damages, they still don’t want to pay. Seems pretty shitty for the consumer.
    • itopaloglu83 32 minutes ago
      Forced arbitration is creating a parallel legal system where certain companies are excluded from the consequences of their own actions. One might even say they’re becoming a protected class even.
      • mchusma 26 minutes ago
        I have been on both sides of arbitration, winning and losing. It’s much better. Basically legislation done right (for civil matters).

        The only people who really win from traditional legislation are lawyers (and plaintiffs counsel who use the long expensive process to blackmail people - which is 90% of civil cases)

        • bickfordb 15 minutes ago
          Arbitration can be more efficient, but both parties should have an option to choose it, a direct settlement or public court. The average consumer is denied the choice by using these everyday services that have non-negotiable contracts.
          • PunchyHamster 10 minutes ago
            None of the parties should have option to choose it, it should be within govt. justice system, just have arbitration court
        • dataflow 6 minutes ago
          You seem to be missing that arbitrators have a financial incentive to side with the company, which pays them? Explained in this video: https://news.ycombinator.com/item?id=49787720
        • z3ugma 19 minutes ago
          Did you mean "litigation" rather than "legislation" ?
      • TZubiri 5 minutes ago
        Worth noting that this is only for the civil responsibility, that is, deciding the award of damages.

        The criminal charges, if any, whether to the driver or to Uber management (possibly from the sham structuring of worker categorization and corporate structure in order to reduce tax liabilities while reducing control and thus endangering consumers) are proper in state criminal courts and can never be delegated to private courts.

    • waiwai933 33 minutes ago
      I don't think there's anything to suggest Uber refused to pay the arbitration award? They just stated that they disagreed with the outcome.

      (Which is not to say there's not plenty to dislike about this whole case, including the fact it's forced arbitration...)

      • nutjob2 23 minutes ago
        In that case why is there a "settlement agreement" mentioned that has a $10M penalty for disparagement? Not sure what that refers to exactly but how can Uber (try to) dictate terms in the settlement?

        It does seem they're trying to get out of it somehow.

        • waiwai933 5 minutes ago
          Looking at a filing by Uber (https://www.panish.law/wp-content/uploads/2026/09/Uber-Techn...), and in particular Exhibit 8, the ADR award is confirmed by a settlement agreement (and if no agreement is come to, then a civil action would confirm the terms of the award).

          There was a dispute about whether the amount awarded was confidential or not (Uber contended it was; plaintiff contended it wasn't), but on the face of it, had plaintiff agreed to the confidentiality and non-disparagement clauses, Uber would have paid up.

          I suppose it could be argued that Uber were trying to write in clauses they knew plaintiff wouldn't agree to, but it's not obvious to me that a different plaintiff wouldn't have agreed to confidentiality and non-disparagement.

          (FWIW, it's not clear to me whether Uber have now in fact paid up; they made a statement to the Guardian that _suggests_ they have, but the fact that they didn't explicitly say so means I wouldn't want to draw that inference)

        • asdfaoeu 11 minutes ago
          It sounds like they didn't agree to that but anyone can propose a settlement.
          • nutjob2 10 minutes ago
            Really? Isn't the arbitration binding and therefore the end of the matter?
  • oceansky 40 minutes ago
    Good outcome, but forced arbitration should still be illegal.
    • mchusma 24 minutes ago
      If you have been through both processes, you would more likely say the traditional civil process should be illegal.
      • hilariously 12 minutes ago
        No, you would say it needs to be reformed and funded, we have an extremely legalistic society that allows endless delaying and does not fund its core services very well.
  • jacquesm 22 minutes ago
    All these companies are universally sleazy and refuse to take responsibility, no matter what. It's pretty much par for the course: deny you are responsible, try to control the court case in such a way that you inflict even more suffering on the victims and their families and ultimately, even if you're found to be in the wrong do everything to stall payment until each and every legal avenue to do so is exhausted.
  • dataflow 41 minutes ago
  • ChrisArchitect 32 minutes ago