Uber Analyzed

  • Law

  • Congratulations to Michael Lowry, whose Compelling Discovery blog made the ABA’s 8th Annual Blawg 100
  • A three justice panel of the Supreme Court of Nevada decided that Washoe County is the proper jurisdiction for the Uber dispute to be heard. The majority opinion, signed by Justices Hardesty and Douglas, concludes that the first-to-file rule triggering jurisdiction stems from the filing of the complaint, not from the filing of something like an application for TRO. Here, the application for TRO was filed first in Clark County and then in Washoe County, but an actual complaint was filed first in Washoe. The majority opinion also took umbrage at the suggestion that the Nevada Taxicab Authority was engaged in forum shopping, because despite the NTA’s “inept effort to commence its case,” the suggestion of forum shopping “impunes [sic] the neutrality of the three district court judges involved…” (Rare to see such an obvious spelling error and logical lacuna in the same sentence.) Justice Cherry dissented for two reasons:  first, he thought this should have been decided by the Court en banc; and second, he disagreed that the first-to-file rule is triggered only by the filing of the complaint. You can read the opinion here. What do you think? Did the court get it right?
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Anonymous
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Anonymous
November 25, 2014 3:39 pm

It's actually not very uncommon to see errors in both spelling and logic in Supreme Court of Nevada opinions. They are, after all, elected.

Anonymous
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Anonymous
November 25, 2014 3:58 pm

Lowry runs the best legal blog in Las Vegas. I have been a regular reader for quite some time. He is a talented writer and deserves for his efforts to be recognized. Congrats!

Anonymous
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Anonymous
November 28, 2014 2:12 am
Reply to  Anonymous

Bravo.

Anonymous
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Anonymous
November 26, 2014 1:01 am

Kudos to Washoe County Judge Freeman for refusing Pisanelli Bice's motion to intervene in the Uber case. It's not everday that firm gets a slap in the face!

Cabily
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Cabily
September 21, 2015 7:24 am

As I understand, Uber drivers use their own cars during what would otherwise be periods of "down-time". This actually reduces the number of vehicles on the road.

Anonymous
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Anonymous
September 21, 2015 6:12 pm

With a cab you get set rates. It is not cheap taking a cab in any City. Uber rates fluctuate and are very high during peak times. Passengers will get burned. But they will hopefully have a choice to take a cab.