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New York Law Journal: Brooklyn Judge Denies Uber’s Bid to Arbitrate Disabled Rider’s Case

By Andrew Denney In a ruling that advocates say could open Uber Technologies Inc. up to additional litigation over providing service to disabled people, a New York state court judge in Brooklyn found that the ride-sharing company’s arbitration clause was too ambiguous to move a disabled woman’s suit against the company into arbitration (http://nycourts.gov/reporter/3dseries/2018/2018_28162.htm). Brooklyn Supreme Court Justice Francois Rivera found that plaintiff Elizabeth Ramos, who lives in the Starrett City section of Brooklyn and who uses a wheelchair, did not unequivocally agree to the arbitration clause and that Uber’s motion to compel arbitration “improperly depends upon implication or subtlety in the interpretation of its ambiguous registration process.” Uber does not require drivers to use accessible vehicles and provides a separate app, UberWAV, that is available in New York City and is intended to connect disabled riders to wheelchair-accessible vehicles through third-party fleets such as taxicabs. In 2014, the Taxi & Limousine Commission agreed to a settlement in a federal class action suit to increase the number of accessible vehicles in its fleet to 50 percent by 2020, but Uber is not beholden to this requirement. Ramos alleges in her suit, in which she alleges violations of New York state and New York City human rights laws, that on July 20, 2016, she tried getting a ride via UberWAV, but after an hour and three separate attempts to summon a car, one never showed. Uber moved to move the case to arbitration, arguing that, when Ramos registered an Uber account on her phone in 2015, she accepted Uber’s terms and conditions, which included an agreement to arbitrate legal disputes. The company submitted testimony from an employee who explained that its terms and services can be found [...]

By |2018-07-09T11:05:18-04:00June 8th, 2018|Categories: Front Page, Uncategorized|0 Comments

‘I Was Bleeding Out of the Back of My Head’: Woman Sues Driver, Uber Over Alleged Attack, Lack of Cooperation. Brad Gerstman on NBC New York

A woman visiting from California who was allegedly attacked by her Uber driver is furious that it took more than a month for him to be arrested and she blames Uber’s policies. Brad Gerstman on NBC New York.

By |2017-08-16T16:29:59-04:00October 7th, 2016|Categories: Criminal Law, Front Page, Latest News, Media, Uncategorized, Video|0 Comments

Brad Gerstman on RNN: NYPD Cop Shot, Skelos Charged, Isiah Thomas, Paws of War

Brad Gerstman joins the panel on RNN TV's Richard French Live

David Schwartz on Fox: Demonstrations Turn Violent in Baltimore

Demonstrations turn violent in Baltimore. Legal analysis with David Schwartz on Fox News Channel

Brad Gerstman on New York Politics, Brian Williams, NFL and NBA Scandals

Founding Partner, Brad Gerstman will appear on RNNTV's Richard French Live to talk New York politics and more. Show starts at 6PM

Bratton Gets Standing Ovation from NYC Power Brokers

A room of top New York business power brokers and businesspeople made their feelings known about NYC Mayor Bill de Blasio’s relationship with the cops at the Police Athletic League luncheon.