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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This. Fucking. Case.https://twitter.com/susie_c/status/629424371111604224 …
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Boutrous now concern-trolling about how case goes back to the "beginning of Uber's operations" so it's just "not doable" as a class action
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What's incredible to me is how there's actually a bunch of questions of fact dispositive to Uber but that's stuff for the trial
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It's so awkward for Boutrous to keep talking about "Well that's a question of fact" at a class certification hearing but ugh SCOTUS
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Uber now arguing that drivers are able to set up their own little sub companies of Uber drivers. SLR saying it's irrelevant b/c
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right of control & right of termination are still the same. AT THE SAME TIME, does this mean that it's possible to have a world where
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there are employer/employee relationships that sprout out into some mandelbrot shit?
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this is my personal commentary, not what he's saying
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i'm hungry as shit
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Uber: "This is an unusual proceeding" no shit
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Haha both sides are citing a case that just settled, a case whose settlement hearing came RIGHT BEFORE THIS HEARING, same room
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This is basically the singularity of class action law
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Both sides have nice little charts that none of us can see
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Started at 100 percent battery, at 26% now, the length of this hearing is going to kill me
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I'll have to stop tweeting to take notes on paper if my computer dies before this hearing is over
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Ed Chen: "I understand Alexander." (the case that there was a hearing in earlier) lol
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SLR is pushing back, EC is getting testy because it's his case after all
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Boutrous just said something that made no sense to me
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"I've never heard of a class certified where a core issue in the case the three named plaintiffs are diametrically opposed to the vast
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majority of the...." evidence?? Lost the thread there
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Boutrous puts on his "deeply concerned" voice-- "These are *individual* people" like the class action will dehumanize them
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SLR has a chart that's useful for understanding the claims here and I can't see it and I'm bummed
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Boutrous paraphrases Ginsburg - “Sometimes those who are most excited about class actions will do the most harm"
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Uber tl;dr: Independent contractor status bestows dignity on individuals
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“let’s just first have a trial, rather than waiting to have a class certified”
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"why wait for an appeal, and have that overturned, and..."
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oh my god, boutrous is obliquely threatening to take this all the way to the supreme court
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(Boutrous is no stranger to the Supreme Court)
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Ed Chen: "...It's getting late."
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"As much as I appreciate the view from 40,000, there's no precedent for denying class certification because of developing law"
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