PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

How One Clause in Uber’s Terms of Use Could Overload U.S. Courts
Class Actions, Non-Consolidation Clause John Henry Frankel Class Actions, Non-Consolidation Clause John Henry Frankel

How One Clause in Uber’s Terms of Use Could Overload U.S. Courts

If you’ve ever ridden in an Uber, you’ve ‘agreed’ to their non-negotiable terms of use. One of those terms, called the Non-Consolidation Clause, waives your right to participate in “consolidated proceedings,” group proceedings like class action lawsuits and multi-district litigation. Basically, Uber is requiring all customers to bring cases individually, regardless of what the case is about or what kind of proceeding it is. If successful, this new corporate mechanism has the potential to overload our already taxed courts.

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SCOTUS Amicus Brief: Class Actions Vital To Equal Opportunity In Employment
Class Actions, Civil Rights, Employment Discrimination Teddy Basham-Witherington Class Actions, Civil Rights, Employment Discrimination Teddy Basham-Witherington

SCOTUS Amicus Brief: Class Actions Vital To Equal Opportunity In Employment

A fair workplace, free from discrimination, is an American ideal. Many of our nations F500 companies reflect this value in their forward-facing materials and practices, but sadly, at the contractual level with workers, the promise of an even playing field gets tilted…

That’s why, on August 17, 2017, together with NAACP Legal Defense & Educational Fund and Cohen Milstein Sellers & Toll PLLC, we filed an amicus brief in the U.S. Supreme Court in National Labor Relations Board v. Murphy Oil USA.

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