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Uber asks US court to dismiss lawsuit filed by alleged rape victim in India Uber asks US court to dismiss lawsuit filed by alleged rape victim in India
(about 5 hours later)
Uber has asked a US court to dismiss a lawsuit filed by an alleged rape victim in India’s capital, Delhi, saying the ride-sharing company cannot be held legally responsible for the driver’s acts. Uber has asked a California court to throw out a lawsuit filed by an alleged rape victim in India’s capital, New Delhi, arguing the case cannot be brought in the US.
The passenger, who reported being raped and beaten after hailing a ride with the Uber driver in Delhi in early December, sued the online car service in a US federal court in January, claiming the company failed to maintain basic safety procedures. The 26-year-old passenger, whose identity is protected, reported being raped and beaten after hailing a ride with the Uber driver last December. Police have subsequently claimed the driver, Shiv Kumar Yadav, may have been behind other attacks. Delhi police accused Uber of failing to properly check the driver’s credentials.
In a filing late on Monday, Uber said the court should dismiss the lawsuit as the victim had sued the wrong party. The victim’s attorney, Douglas Wigdor, who has represented high-profile plaintiffs including a hotel maid who accused the former International Monetary Fund chief Dominique Strauss-Kahn of sexual assault, said: “The motion is an obvious attempt to deflect responsibility and we are confident that Uber will ultimately be held accountable for its actions.”
Uber said in the filing: “While plaintiff undoubtedly can state a claim against her alleged assailant, she cannot state a claim against Uber US, which is the wrong party. Nor does California law govern a dispute involving an alleged wrong committed by one Indian citizen against another Indian citizen, in India.” . The case triggered a global backlash against Uber and a ban in the Indian capital. In January the victim sued Uber in a US federal court, claiming the company failed to maintain basic safety procedures.
The company said it had no relationship with the alleged assailant who had a contract with Uber BV, a Netherlands-based entity with no US operations and not party to the lawsuit. In a filing late on Monday, Uber said the court should dismiss the lawsuit as the victim had sued the wrong party. California-based Uber argues it had no relationship with the alleged victim as she had ordered a cab using a service operated by Uber BV, Uber’s Netherlands-based overseas operation which is not party to the lawsuit.
The victim’s attorney, Douglas Wigdor, has represented high-profile plaintiffs including a hotel maid who accused the former International Monetary Fund chief Dominique Strauss-Kahn of sexual assault. Wigdor was not immediately available for comment outside regular US business hours. “There is no question that the alleged crime is deplorable. No woman anywhere in the world should have to endure the pain and indignity associated with a sexual assault. Nor is there any question that plaintiff should (and does) have avenues of redress. However, the law requires all plaintiffs to pursue their claims against the right party or parties (those legally responsible for the harm), under the right laws,” Uber said in the filing.
“While plaintiff undoubtedly can state a claim against her alleged assailant, she cannot state a claim against Uber US, which is the wrong party. Nor does California law govern a dispute involving an alleged wrong committed by one Indian citizen against another Indian citizen, in India.”
Charges against a Chicago Uber driver who was accused of raping a female passenger late last year were dropped on Monday.Charges against a Chicago Uber driver who was accused of raping a female passenger late last year were dropped on Monday.
Uber, the world’s most valuable venture-backed startup with a valuation of $40bn (£27bn), has been dogged by controversies surrounding its business practices and safety policies at a time when it has been growing rapidly around the world.