The driver and passenger both died - but only one had signed the arbitration clause
The Illinois Supreme Court has ruled unanimously that Uber cannot drag a dead rider's estate into arbitration by pointing to his wife's separate app account.
The decision, filed September 24, tackles a live question for every company that wraps its services in a click-to-agree arbitration clause: just how far can that clause stretch?
In April 2022, a man booked a ride through Uber. His driver lost control on an Illinois expressway, and the crash killed them both.
The man's wife - who had her own Uber account - later filed wrongful death and survival claims against the company as independent administrator of her husband's estate. She occupied three distinct legal roles: the estate's personal representative, the wrongful death beneficiary under the Illinois Wrongful Death Act, and an individual Uber user bound by her own terms of service.
Uber wanted all claims in arbitration. The trial court drew a line. It sent the survival claims - which belonged to the estate and flowed from the deceased's own rights - to arbitration under his agreement. But the wrongful death claims stayed in court. The wife's agreement was "largely irrelevant," the trial court found, because it covered her usage, not her husband's.
The appellate court saw it differently and reversed, ruling that a delegation clause in the wife's agreement handed the arbitrability question to an arbitrator.
The supreme court put it back....
Millions of Aussies will be cheering Ben Roberts-Smith after seeing his publicity campaign. But we must leave all these matters to a criminal court to decide – this time beyond reasonable doubt.