About the Course
Introduction
This CLE webinar will discuss the impact on passenger rights in personal injury cases of arbitration clauses and class waivers in rideshare agreements. The panel will review how courts treat and interpret these agreements, the challenges they pose for those injured in accidents or by intentional acts, and the hidden risks associated with recovering from insurers when claims must be arbitrated. The panel will also explore the legal arguments available to passengers seeking to challenge arbitration clauses and practical tips for maximizing recovery in arbitration.
Description
Binding arbitration clauses and class waivers have increased significantly in corporate user agreements, including in the rideshare space, such as Uber and Lyft. These agreements have been upheld in courts where they are intended to and actually do create challenges for passengers seeking adequate compensation or insurance coverage for personal injuries sustained in accidents or from driver assaults.
Another hidden aspect of these arbitration clauses is that they may not have been agreed to when requesting the services causing injury, but in requesting totally unrelated services provided by a related company. In one case, the defendant argued that the plaintiff had agreed to arbitrate a wrongful death case when, four years earlier, the plaintiff signed up for a streaming video account offered by the defendant's related business.
Intertwined in these disputes is the ongoing battle over whether drivers are contractors or employees. While they are contractors in California under Prop. 22, the issue remains unresolved in other jurisdictions.
Listen as the experienced panel of rideshare litigators discusses the impact on passenger rights in personal injury cases of arbitration clauses and class waivers in rideshare agreements.
Presented By
Ms. Clark began her career with the firm in 2004 and became a partner in 2010. She focuses her practice on civil litigation defense and insurance litigation in New Jersey and Eastern Pennsylvania. Ms. Clark represents national and regional corporations, businesses and individuals in all aspects of litigation including construction defects, product liability, motor vehicle and trucking, premises liability, employment practices and toxic tort. She has defended manufacturing companies, homeowners’/condo associations, property management companies, retail stores, hotels, restaurants, financial institutions, educational facilities, medical facilities, government entities and professionals across industries—architectural, engineering, pharmaceutical and medical. Ms. Clark's expertise also includes representing automotive companies and dealerships in complex commercial, warranty, consumer fraud and trade practice litigation. She has lectured extensively to insurance groups, bar associations and defense litigation associations on construction litigation, asbestos, toxic tort and commercial auto litigation. Ms. Clark's articles have also appeared in numerous publications including her most recent article, Litigating Your Civil Case with an Eye Toward Criminal Prosecution, which appeared in CLM Magazine.
Mr. Cooper began practicing law in a large New York City law firm before joining the law firm of Marvin A. Cooper, P.C. in 1991. He has been honored with a Super Lawyers designation for 2024. This recognition follows an in-depth evaluation process, considering multiple factors such as peer recognition and professional achievement.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 3, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Terms of arbitration clauses
II. Opt-out provisions
III. Arbitration clauses in related platforms
IV. Impact of arbitration clauses on personal injury claims
V. Challenging arbitrability
VI. Maximizing recovery in arbitration
The panel will review these and other important issues:
- What is the impact of choice of law provisions on challenges to enforceability of arbitration clauses?
- Who decides arbitrability?
- Do arbitrators award lower compensation than juries?
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