Uber hearing has started.
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motion for class certification here
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first dealing with a motion to strike some evidence
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holy shit the judge
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Judge to Boutrous: "I hope you don’t endorse the behavior that I saw in that deposition transcript?"
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so I guess one of the other attorneys for Uber is kind of a dick and the Court Has Taken Judicial Notice
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Denying the motion to strike but after very sternly telling Uber to knock it off
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"How can you argue that everyone is an independent contractor, yet there are individual variables here that preclude class certification?"
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Man. Wal-Mart v. Dukes has done a goddamn hatchet job on class action law
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omfg this judge
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Uber hammering on the 400 drivers who testified that they didn't want to be employees of Uber
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Judge says, 400 "sounds impressive, but when you compare that to 160,000 class members, thats 0.25%, not even 1%"
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And, "I presume they weren’t selected randomly on a scientific basis"
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cases depend on what the judge ate for breakfast and imo this judge ate haterade for breakfast
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i'm joking, he's pretty chill, uber's args definitely are troubling
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but ever since this class certification hearing started, he hasn't asked shannon liss-riordan any questions
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now Boutrous is saying that the opt-out here is illusory. novel.
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Liss-Riordan now arguing. She's saying that what the 400 happy campers want is irrelevant.
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court reporter is having a hard time typing as fast as Liss-Riordan talks
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Re: 400 Happy Campers - "Because this isn’t a popularity contest, we wanted to focus on the relevant issues."
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She says that 50 drivers from the 400 wanted to be reimbursed for their expenses and didn't understand that was at stake
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But that they were afraid to put their name on a document supporting the class action, because of fear of reprisal from Uber
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SLR points out that fear of reprisal in employee-employer relationships is a factor in favor of class certification
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Now onto the 17 contracts issue (multiple agreements, suggesting Factor 3 is a problem)
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Break now ending.
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this is going to take forever, and i'm already kind of sleepy
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We're back on
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AHAHAHA
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Uber is pressing hard on _Borello_. They're saying that there are factors other than right of control need to be considered
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Judge interrupts with, "It's not dispositive, but the right of control comes first and is the most important"
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Uber: "Yes, you're absolutely right, but"
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