oh my god, boutrous is obliquely threatening to take this all the way to the supreme court
There's a tricky issue about questions of fact / questions of law & the borello factors. I'm assuming you guys don't care
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everyone is getting cranky. SLR: “I wanted to move for summary judgment and you didn’t let me move for summary judgment.
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Another way to do this would be to let me move for summary judgment”
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Hours in, SLR finally brings up the Labor Commission decision
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"It didn't look at that specific driver, it looked at the specifics of the Uber system."
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I'm flagging.
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EC to Uber: So you know what percentage of drivers is subject to he 2014 arbitration agreement and not the 2013 arbitration agreement?
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Uber: *doesn't know* *but does it matter* *buttery words*
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words so buttery i wish i could eat them. i'm so hungry. let me out of here. help.
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Uber: "If it’s so complicated and so convoluted… if the things are so unusual, there shouldn’t be a class action."
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"...Or at least not one that sweeps in so many people."
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Uber saying that Uber has the right to a jury trial on damages; SLR wants mini trial on damages, Uber says it's unconstitutional
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However SLR says the mini trial is something that SCOTUS has signed off on
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I have no idea who's right about this, we are now so deep into details of class action practice that it feels like my body is full of knives
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SLR is offering a multiplicity of ways to do the class action, Uber is flailing around and saying "NOPE"https://twitter.com/susie_c/status/629443028952846336 …
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Shorter Uber: TOO HARD, DON'T WANT TO, NO CLASS ACTION >:(
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i'm being petulant now because you'd be petulant too if you had to sit here with nothing but a protein bar
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"We have UberX, We have UberBlack, We have great variability..."
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EC: "Let's move on to consolidating case management, let's call the cases" I think certification is done
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AFAIK no bench ruling today! It's complicated enough anyways
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I thought there was a chance for bench ruling but sounds like there's plenty to chew on
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Oh you know what? I think he already has it decided, I think he just needs to lay down his record
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Ted Boutrous is going to appeal that certification.
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calling it.
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I'm at 5%, no more tweets soon
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EC: "If I can decertify on the merits, why not just go to trial?"
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we're going over certification again inside consolidation
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"Chances are a higher court will look at whatever I do, and we’ll just proceed." I CALLED IT
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(As far as consolidation is concerned, I believe)https://twitter.com/susie_c/status/629448123962658816 …
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