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US Judge dismisses certain claims in Uber sexual abuse lawsuits

The federal judge who oversees more than 2,300 lawsuits that seek to hold Uber responsible for passengers sexually harassed or assaulted by drivers has dismissed certain key claims.

On Tuesday, U.S. District Court Judge Charles Breyer rejected certain fraud and product liability allegations in San Francisco.

His decision on 20 "bellwether cases" against Uber could serve as a model for similar lawsuits against the San Francisco-based company. A trial has been scheduled for December 8

On Wednesday, lawyers for passengers didn't immediately respond to comments. Uber's lawyers and Uber themselves did not respond immediately to similar inquiries.

The ads for "Designated Drivers" promoting Uber's safe alternative to drunken driving, should have made it clear that people who are intoxicated, particularly women, and late at night face a higher risk of sexual assault from drivers.

Passengers also stated that app notifications with Uber driver names, photos, and "star ratings", should have revealed drivers' criminal records and prior misconduct.

Breyer's 37-page ruling dismissed fraud claims that were based on advertisements saying "Don't drive drunk, call Uber" and "Stay Safe Tonight." Use Uber.

The judge stated that reasonable consumers would see these ads as a simple encouragement to use Uber rather than driving drunk.

He also stated that Uber's app notifications could "form a deceptive plan to obfuscate serious harm" if women accept rides from drivers who have a history of misconduct.

Uber has said that it does not intend to withhold information fraudulently, and no passengers have claimed they rely on app notifications.

Breyer dismissed the claim that Uber's application was defective, because it did not prevent pairings between drivers and passengers at high risk.

He refused to dismiss claims of product liability based on an app that did not have a matching feature for passengers and drivers.

The judge dismissed other claims previously in bellwether cases.

Uber's U.S. Safety Report for 2021-2022 said that it had received 2,717 reports of the most serious categories sexual assault and misconduct.

Uber said that only 0.1% (or 1.8 billion) of all trips made in the U.S. during those years were reported as safety incidents. These included "minor" incidents such as verbal arguments or complaints about driving.

In re Uber Technologies Inc. Passenger Sexual Assault Case, U.S. District Court Northern District of California No. 23-03084. (Reporting and editing by David Gregorio in New York, with Jonathan Stempel reporting from New York)

(source: Reuters)