Uber EULA precludes jury trial: Difference between revisions

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==Background==

On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion).</ref> The driver of their car ran a red light and hit another vehicle. As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" /> The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>

On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion).</ref> The driver of their car ran a red light and hit another vehicle. As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" /><ref>{{Cite web |title=Terms mean couple can’t sue after ‘life-changing’ crash |url=https://www.bbc.co.uk/news/articles/cwy9j8ldp0lo |website=BBC}}</ref> The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>

===Uber's terms of service===

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== Trial-court proceedings ==

==Trial-court proceedings==

Uber moved to dismiss the complaint and to compel arbitration, arguing that the McGintys had agreed to Uber's terms of use, and that it contained a provision whereby the McGintys had agreed to arbitration in lieu of filing suit.<ref name="coa" /> Specifically, Uber alleged that the McGintys had confirmed their agreement to Uber's terms of service using the Uber Eats app on two occasions: (1) initially on April 1, 2021, and then (2) again on January 8, 2022, when those terms were revised. The McGintys responded by saying that they had no recollection of agreeing to Uber's new terms on January 8, 2022. Instead, they suggested that their daughter had used the app and may have agreed instead.

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 ==Background==
-On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion).</ref> The driver of their car ran a red light and hit another vehicle.  As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" />  The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>
+On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion).</ref> The driver of their car ran a red light and hit another vehicle.  As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" /><ref>{{Cite web |title=Terms mean couple can’t sue after ‘life-changing’ crash |url=https://www.bbc.co.uk/news/articles/cwy9j8ldp0lo |website=BBC}}</ref>   The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>
 ===Uber's terms of service===
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-== Trial-court proceedings ==
+==Trial-court proceedings==
 Uber moved to dismiss the complaint and to compel arbitration, arguing that the McGintys had agreed to Uber's terms of use, and that it contained a provision whereby the McGintys had agreed to arbitration in lieu of filing suit.<ref name="coa" /> Specifically, Uber alleged that the McGintys had confirmed their agreement to Uber's terms of service using the Uber Eats app on two occasions: (1) initially on April 1, 2021, and then (2) again on January 8, 2022, when those terms were revised. The McGintys responded by saying that they had no recollection of agreeing to Uber's new terms on January 8, 2022. Instead, they suggested that their daughter had used the app and may have agreed instead.