LAS VEGAS, Nev. (FOX5) – A case involving Uber reached the Nevada Supreme Court, Wednesday, as justices heard debate surrounding Uber’s effort to put a ballot initiative before voters.
The case, titled “Uber Sexual Assault Survivors for Legal Accountability vs. Uber Technologies, Inc.,” centers around language in a ballot petition spearheaded by Uber and Nevadans for Fair Recovery: asking voters to decide on a 20% cap on attorney fees in civil cases.
Justices must ultimately decide whether the ballot petition language is sufficient, adheres to standards according to state law, and can be understood by voters. District Court allowed the language to proceed.
The plaintiffs challenged Uber’s efforts for a ballot initiative. Attorneys and spokespeople for both sides emphasized the impact of the ballot on riders, whether for their wallets or for their well-being as passengers.
A spokesperson for Uber explained to FOX5 their reasons for the ballot effort: litigation against the company, spearheaded by numerous injury attorneys across Nevada, ultimately leads to exorbitant costs that ultimately gets passed down to riders and their fares.
Nevadans for Fair Recovery, representing Uber, sent the following statement:
“We are confident the Nevada Supreme Court will uphold the District Court’s ruling and allow the measure to go before voters. More than 200,000 Nevada voters signed the petition to put this measure on the ballot — more than twice what’s legally required. Nevadans overwhelmingly support this common sense measure to protect plaintiffs by capping attorney fees.”
“It’s important to note that this measure does not limit liability, or the amount corporations or defendants must pay when they’re found to be in the wrong. The measure caps what attorneys can take, but it does not limit total award and settlement amounts owed to plaintiffs by defendants,” a spokesperson for Nevadans for Fair Recovery emailed to FOX5.
Representatives for Uber Sexual Assault Survivors for Legal Accountability, Nevada Justice Association and Empower Nevadans Now explain the impact of a cap on attorney fees on victims: people may face challenges to be compensated fairly, get representation by attorneys, and ultimately have a case heard.
Attorney Deepak Gupta of Gupta Wessler LLP on behalf of the plaintiffs sent this statement:
“This is a calculated tactic by Uber to sidestep accountability for the countless sexual assault cases and other harms it has enabled while protecting its profits at the expense of victims’ access to justice.
This deceptive ballot measure would block countless Nevadans from seeking justice in the courts when they are harmed, injured, or cheated. We are hopeful that the Nevada Supreme Court will declare this deceptive initiative void.”
According to a complaint, typical injury attorney fees range from 33% to 40%, and are justified because clients do not typically have to pay an upfront fee.
“Innumerable everyday Nevadans would be worse off, from sexual-assault survivors to police officers injured keeping the rest of us safe,” according to court statements submitted by the plaintiff.
Justices must rule on the case in January; if the petition language is allowed to proceed, the legislature must receive the ballot initiative when the session starts in February.
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