Uber Driver-Rating Case May Be Toss Up Based on 9th Cir. Queries

Uber Technologies Inc.'s victory in a race bias class action by an Asian American driver over the use of customer ratings in account-deactivation decisions met a somewhat skeptical Ninth Circuit panel on Thursday.

Judges Daniel P. Collins, Danielle J. Forrest, and Jennifer Sung lobbed questions at the Equal Employment Opportunity Commission, at counsel for the ride-sharing giant, and at the attorney for former driver Thomas Liu, who seeks to revive his 2020 lawsuit. Much of the questioning focused on whether a lower court essentially held Liu to the evidentiary standard used at a later stage of the case in dismissing ...