court reporter is having a hard time typing as fast as Liss-Riordan talks
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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I'm anticipating that they're not looking forward to arguing over right of control
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I love the way that Ted Boutrous says "Yes, you're absolutely right," like it means, "Yes, but actually I'm right"
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Someone's phone is buzzing. If it's yours, knock that shit off.
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Uber arguing it's not an employment agreement, it's a software licensing agreement.
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Incredible.
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Uber is talking up questions of facts. They're prepared for a trial. They just really really really don't want it to be a class action.
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I mean, they're playing chicken. It might not be worthwhile case if it's not a class action.
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I've never been so excited for years and years of litigation
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Uber just tried to compare drivers to journalists. The journalists in the room just snickered slightly because it's ridiculous analogy
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quit it with yr fan service, ted boutrous :3
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like oh man you KNOW that analogy is ending up in all the papers tomorrow and it's getting ripped apart because journalists understand it
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SLR: "Uber has made a big deal of how Uber doesn't restrict use of other apps..."
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as a reminder, this is a class certification hearing. It's about whether this gets to be a class action. The class would be 160,000 drivers
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We're in the weeds about employment law right now, at the certification phase, because lol Wal-Mart v Dukes >:(
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(I'll explain about that later)
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SLR: Evidence that no one goes back to check contracts when terminating
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There's 17 different contracts governing the class, SLR arguing that the differences are immaterial
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Also, the 17 different contracts were produced rather late, that was what the Motion to Strike was about earlier
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