INTERIM. Sharing Economy Meets Ride Share Meets Tort Reform.

Ride Share Contracts are a modern contract lawyer’s dream. Evolving, intrictate, and constantly litigated.

One ride share company is altering its contract with drivers to include fixes illuminated by a trial court judge concerning arbitration provisions. New provisions, familiar to those who read the Texas Civil Practices and Remedies Code for bed time reading are:

  • allows for severability of certain state law claims
  • removes the requirement that arbitration be kept confidential
  • amends…

Legal Trend: Taxi Drivers Sue Ride Share Drivers. Sharing Economy Litigates. 3 Points to Know.

What cause of action are contract taxi drivers bringing against ride share companies? Tortious interference with business, punitive damages, and class certification.

Where is the lawsuit filed? Missouri, St. Louis County Circuit Court.

What are the laws and ordinances for ride share in Missouri? 

  • Statewide: no supportive laws
  • Local ordinances: As of September 18, 2015, St. Louis Metropolitan Taxicab Commission allows for ride share operators as long as drivers are fingerprinted as…

Sharing Economy: Ride Share Fee to Offset Cab Costs.

What’s the ride share surcharge proposal? A ride share comapny would pay 2 cent surchage per ride, for a total of 52 cents per ride

What’s the 2 cents per ride then set to go to fund? It would offset municipal revenue losses for a lower taxi regislation

Why the shift? The 2 cent fee is a trade to allow ride share at airports in Chicago & allow the cost of chauffer and taxi cab license fees to be reduced at the municipal level

State or Municipal ride share legislation? Municipal…

Legal & Lege Trend: Air Share Regulation

Ride share has come to air travel, welcome air share. 

What’s the court hubub about air share? FAA thinks air share is tantamount to an illegal sharter airline.

What’s Air Share reponse that they are a legal, new part of the sharing economy?  Federal regulations, long before the internet, have allowed pilots to share:

  • the cost of fuel
  • aircraft rentals
  • airport fees 

What happens next? The DC Cicruit will rule and either the case will be settled or will be appealed to the US…

NY Governor Says State Should Regulate Ride Share. Not Local Governments. 3 Reasons Why.

  • NYC. NYC can’t organize anything right
  • Sharing Economy isn’t Ripe for Local Regulations. Statewide regulation is important because drivers drive between cities
  • Power Struggle between the state & NYC. The big issue will be wehther the state will supercede all local regulation

Governing | States, Not Cities, Should Regulate Uber, Says New York Governor 

Politico New York | Cuomo hints at a new de Blasio fight, this time over Uber

Local Gov. Trend: Deregulate Ride Share to Level the Field

Sarasota City Commissioners voted unanimously to deregulate all for-hire vehicle services to ensure both ride share and taxi cabs are permitted to conduct their business without government interference.

No regulations for cabs and ride share? Yes, indeed. Instead of choosing to regulate ride share, the city council de-regulated both types of transportation services.

What about  stronger background checks, insurance requirements and vehicle standards? “If they don’t have these…

Legal Trend: Ride Share Drivers Go to Court to Challenge Cabs

3 ride share drivers have partnered with the Institute for Justice to challenge Chicago’s “cab cartels.”

This week the federal judge ruled in favor of the ride share drivers by  throwing out most of the cab claims against Chicago’s ride share ordinance. 

What did the cabs allege against the city ride share ordinance? That the ordinance amounted to a taking of their property. 

One cab claim continues to move forward in court whether the ride share ordinance treats rideshare…

Legal Trend: Class Certification for Ride Share Drivers

The hot legal question for ride share drivers is– Are they employees or independent contractors? A regulatory authority in California has rule don individual cases saying drivers are employees, but court consensus is coming.

U.S. Court of Appeals for the Ninth Circuit will hear an appeal from Uber against certifying a class action lawsuit by drivers. The issue before the appellate court is supported by the argument that whether drivers are employees or independent contractors is :

  • a case…

Municipal Regulation Trend: Ride Share and Airports. Ride Share Wins.

Los Angeles voted this week to approve ride share permits for airports. The measure passed 9-6.

What new regulations will apply to ride share and/or taxis/Limos?

  • LA City Council is formally asking the state PUC, which has rule making authority over ride share, to “add fingerprinting as a part of the required background check process for all for-hire drivers, including those operating limousines, shuttles and ride-hail cars.”
  • As a back-up, the city is researching its authority “to require…