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.
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.
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.
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)
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.
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.
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.
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...
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.
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...)
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.
It sounds like they didn't agree to that but anyone can propose a settlement.
Really? Isn't the arbitration binding and therefore the end of the matter?
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.
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)
Did you mean "litigation" rather than "legislation" ?
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.
None of the parties should have option to choose it, it should be within govt. justice system, just have arbitration court
Video from Louis Rossmann: https://www.youtube.com/watch?v=O2B3uBQuGnU
Good outcome, but forced arbitration should still be illegal.
If you have been through both processes, you would more likely say the traditional civil process should be illegal.
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.
[dupe] Discussion: https://news.ycombinator.com/item?id=49761654
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.
Unfortunately for these mega corporations this is just the cost of doing business. These fines are just a rounding error
The dream of every major tech company, making ridiculous profits while taking zero legal responsibility for what you create...