Cullinane v. Uber Technologies

893 F.3d 53 (2018)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Cullinane v. Uber Technologies

United States Court of Appeals for the First Circuit
893 F.3d 53 (2018)

  • Written by Alexander Hager-DeMyer, JD

Facts

Rachel Cullinane, Jacqueline Nuñez, Elizabeth Schaul, and Ross McDonagh (riders) (plaintiffs) were users of an Uber Technologies, Inc. (Uber) (defendant) ride-sharing mobile application. During registration on the application, the riders clicked through three distinct screens: an account-creation screen, a profile-creation screen, and a payment-method-registration screen. For two of the riders, the third screen contained a black background with gray bars, white text-entry spaces, a number pad, and light gray, bolded text. For the other two riders, the third screen included an additional blue PayPal button and slightly varied positioning of the screen elements. For all four riders, the screen also included the phrase, “By creating an Uber account, you agree to the” in dark gray text on the black background. Beneath this phrase was a gray rectangle with the phrase, “Terms of Service & Privacy Policy” in bold white text. The gray rectangle was a clickable button linked to Uber’s terms and conditions, a 10-page document that included an arbitration provision covering all disputes related to the application and its services and that waived the parties’ rights to a jury trial and to class-action lawsuits. The riders filed a putative class-action suit against Uber in Massachusetts state court, alleging that Uber violated state consumer-protection statutes by charging users fictitious or inflated fees. Uber removed the case to federal district court and moved to compel arbitration. The district court granted the motion to compel and dismissed the case. The riders appealed to the First Circuit.

Rule of Law

Issue

Holding and Reasoning (Torruella, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership