When a group of plaintiffs file a class action lawsuit, the class needs to be defined. If the judge is not comfortable with the parameters of the class as laid out by the plaintiffs, the judge can deny class certification until the plaintiffs come back with parameters the judge agrees with.
In the case of the class action lawsuit against Uber, the judge eliminated two groups of drivers from the class: those who were hired for Uber through a limo service and those who signed up to drive for Uber using corporate or fictitious names. The judge deemed the claims of these drivers to be too different from the claims of the drivers who signed up as drivers for Uber under their own names to justify allowing them to join the class. Part of the judge’s reasoning for this was that Uber was not technically the employer of these drivers – the third party Uber used to hire the drivers was the legal employer of these drivers. Continue reading ›