Uber My Dead Body

  • Law

  • The Nevada legal battle over ride-sharing service Uber has begun. The attorney general’s office managed to get a temporary restraining order issued in Carson City, but was unable to get one in Clark County. Uber is being represented by Don Campbell, who says that that Catherine Cortez Masto and her office sought to get ex parte TROs, even though she was aware Mr. Campbell was involved. [RJ]
  • Meanwhile, the Nevada Taxicab Authority has a new public relations problem on its hands as it fights the future. [RJ]
  • The Clark County District Attorney’s office is still dealing with the fallout of undisclosed witness payments. In the latest case to be brought up again (after the RJ showed an attorney information about the payment), prosecutors claim to have disclosed the payment, while the defense maintains the disclosure was not enough. [RJ]
  • The CityCenter Harmon Hotel trial, which is supposed to last at least a year, starts jury selection this week and has required modification to Judge Elizabeth Gonzalez’s courtroom. [RJ]
  • According to Ralston Reports, early voting turnout favors Republicans. Will this affect your favorite judicial races? 
  • We’ve already had 15 responses in our magic number survey. If you haven’t taken it yet, you can do so here
23 Comments
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Lawyer Bird
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Lawyer Bird
October 27, 2014 3:35 pm

As much as I hate the cab cartel do believe in the rule of law. With a legislative session just around the corner it seems a lot of this dispute could have been addressed legislatively. Instead, Uber intends to force the issue in a years-long court battle while continuing to operate in a (dark-)grey area.

Interesting theater regardless.

Anonymous
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Anonymous
October 27, 2014 4:15 pm
Reply to  Lawyer Bird

Do you also feel that eBay should have a Nevada business license?

Anonymous
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Anonymous
October 27, 2014 8:28 pm
Reply to  Lawyer Bird

This Uber thing is confusing, but your questions is a good one and presents an interesting example… if the operator of an Ebay store (not the casual seller) operates their business from Nevada, then wouldn't that store need a Nevada business license to run that type of second-hand business? Similarly, these Uber drivers are operating as independent transportation businesses in Nevada, so what type of licensing do they require? If Uber is just the marketplace connection and payment platform (like Ebay), then no, Uber shouldn't need a busienss license or a taxicab medallion, but Uber drivers certaintly need business licenses regulated by the industry that they operate in. Just my two cents.

Anonymous
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Anonymous
October 27, 2014 9:17 pm
Reply to  Lawyer Bird

It's not that confusing. Uber offers a solution to a problem. The Taxicab Authority is a big part of the problem. Uber operates in all the big cities and gets along just fine-the cabs are still working there too. This is simply the end of an era in Nevada. If I want to contract with a stranger to give me a ride, that's my prerogative. It's none of the state's business.

There is a reason Uber is doing so well. People want the convenience it offers. This is especially true in Las Vegas where cabs offer almost no service to locals.

Anonymous
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Anonymous
October 27, 2014 9:42 pm
Reply to  Lawyer Bird

^^^ thanks for the talking points. As to your comment "If I want to contract with a stranger to give me a ride, that's my prerogative. It's none of the state's business." What world do you live in? The State regulates all business, and this particular type of business is called transportation which includes a taxicab, a shuttle, a train, a bus, an airplane, a boat, etc. If your not paying for the ride, then you are free to contract with whoever you want, but if you're paying, then big brother interferes.

Anonymous
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Anonymous
October 28, 2014 1:05 pm
Reply to  Lawyer Bird

So do I need a business license for my eBay store or not?

Anonymous
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Anonymous
October 27, 2014 10:19 pm

Bring Uber to Vegas! I hate waiting in cab lines, and, although not a problem in Vegas, I hate getting long hauled by cabs. Uber is just the market place moving towards efficiency for the consumer.

Anonymous
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Anonymous
October 28, 2014 5:58 pm
Reply to  Anonymous

In an economy where every penny counts, people must be allowed to choose Uber if they want. Also, our city has too many drunk drivers on the road endangering others. If some young adults cannot afford a cab (and no guarantee that a cab will even show up at a small neighborhood pub) after drinking, public policy supports allowing Uber or others as an affordable and reliable safe ride home … its better than their only remaining choice of driving themselves home under the influence in our neighborhoods.

Anonymous
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Anonymous
October 27, 2014 10:55 pm

I'll be interested to see how this one plays out over the long haul.

Anonymous
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Anonymous
October 27, 2014 11:06 pm
Reply to  Anonymous

I'll keep the meter running, but I'd say there's a fare chance that the taxicab authority's checkered past is going to catch up with it sooner than later.

Anonymous
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Anonymous
October 27, 2014 11:15 pm
Reply to  Anonymous

but I think the Taxicab Authority takes a stand here and refuses to accept that it's reached the end of the line.

Anonymous
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Anonymous
October 28, 2014 7:56 pm
Reply to  Anonymous

Bravo on the pun…"long haul." 😉

Anonymous
Guest
Anonymous
October 28, 2014 1:21 am

The taxi industry is part of the mass transit system in Nevada. The companies which are regulated provide clean, comfortable and newer cabs. The industry is regulated in every jurisdiction with medallions. It is like the battle between the food trucks and restaurants. The cab companies have spent millions on vehicles and are given certain rights to service customers. Uber might have a place in under served places and maybe for local residents. With a cab, you are getting a company vehicle that is maintained and insured. There are reported problems with Uber in many places (long waits, no shows and drivers who get lost). Mass transit is more than an "App" on a phone. Yes, I have represented cab companies in the past but don't do so now. I just understand the business. Can you imagine hundreds of Uber drivers lined up at the airport with all different cars that are not marked like cabs. The designation of what is a cab is universal and even world wide. The cab/transportation industry has served Las Vegas and Reno (Tahoe) well. To throw it away after of decades of reliable service would be unfair and a shame. Did you read the story of the cab driver who returned $300,000.00 to its rightful owner. Pretty honest guy if you ask me.

Anonymous
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Anonymous
October 28, 2014 1:34 am
Reply to  Anonymous

Thank you attorney for the taxi companies. Directly out of the press release.

Anonymous
Guest
Anonymous
October 28, 2014 3:34 am
Reply to  Anonymous

Have a look here: http://taxi.nv.gov/Driver_Info/Longhauling/ This is all the longhauling citations the TA has handed out since July 2013. Cab drivers in "clean, comfortable and newer cabs" are still a bunch of shady con-men. They lost their privilege to take the moral high ground.

And Uber is more than just an app. Try it sometime. You'll understand why it's been valued at $18 billion (nearly double the amount of all taxi business generated yearly in the U.S.)

Anonymous
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Anonymous
October 28, 2014 5:01 pm
Reply to  Anonymous

Don't say "Uber is more than just an app" too loud, because if it's more than just an app, it would then be a transportation company subject to the regulations of all transportation companies. We don't want that, duh!

Anonymous
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Anonymous
October 28, 2014 5:38 pm
Reply to  Anonymous

I am just an insurance defense attorney who represented some transportation and cab companies. I don't do that work anymore. I am not even sure that I am articulating their arguments properly. I just wanted folks to hear the other side of the argument. The Taxi Cab Authority was created to send complaints and to regulate this complicated industry. It is so important that tourists be treated properly when they come to town. Tourism is why we all pretty much have jobs. Cab companies are regulated everywhere. Compare getting a cab in Los Angeles, San Francisco or New York. The difference and experience is apparent. It is one of the things that Vegas does right.

Anonymous
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Anonymous
October 28, 2014 5:48 pm
Reply to  Anonymous

And apparently you haven't used Uber yet or many cabs in Las Vegas.

Anonymous
Guest
Anonymous
October 28, 2014 2:32 pm

Thank goodness Judge Herndon is on this case. Couldn't ask for a better judge to deal with such a difficult and controversial issue on such a deadline.

Anonymous
Guest
Anonymous
October 28, 2014 6:10 pm

And thank Heavens we are getting a new AG so CCM can't block Nevadans' freedom of choice as to how consumers speak with their hard earned funds and the services they elect to purchase from Uber. They can sell marijuana in Las Vegas but we can't upgrade our neighborhood transportation services after years of being treated like dirt by taxi cab companies?

Anonymous
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Anonymous
October 28, 2014 11:06 pm
Reply to  Anonymous

For some reason I don't see Ross Miller fighting the Taxi Cab authority. Maybe it's all the special interest money, or maybe it's just because he's a legacy politician. Hopefully I'm wrong.

Anonymous
Guest
Anonymous
October 28, 2014 11:11 pm
Reply to  Anonymous

Absent a statutory change, the Taxicab Authority and the Public Utilities Commission Transportation Division are the clients of the AG so no AG would be fighting his/her client. This is probably a federal court issue. For years, tour buses crossed Hoover Dam and turned around so they could say that they were in interstate commerce and avoid state regulation. Upheld by the federal courts.

Vijayalashmi.G
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Vijayalashmi.G
September 24, 2015 9:43 am

Guess a women was found dead in the back seat of a Uber car in West Covina. No driver just the dead person in the back seat….