This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/technology/2015/apr/07/uber-asks-us-court-dismiss-lawsuit-alleged-rape-victim-india

The article has changed 7 times. There is an RSS feed of changes available.

Version 3 Version 4
Uber asks US court to dismiss lawsuit filed by alleged rape victim in India Alleged rape victim's lawyer accuses Uber of deflecting reponsibility
(35 minutes later)
Uber has asked a court in California to throw out a lawsuit filed by an alleged rape victim in Delhi, India, arguing the case cannot be brought in the US.Uber has asked a court in California to throw out a lawsuit filed by an alleged rape victim in Delhi, India, arguing the case cannot be brought in the US.
The 26-year-old passenger, whose identity is protected, reported being raped and beaten after taking an Uber cab 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 his credentials.The 26-year-old passenger, whose identity is protected, reported being raped and beaten after taking an Uber cab 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 his credentials.
The passenger’s lawyer is 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.The passenger’s lawyer is 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.
Wigdor said: “The motion is an obvious attempt to deflect responsibility and we are confident that Uber will ultimately be held accountable for its actions.”Wigdor said: “The motion is an obvious attempt to deflect responsibility and we are confident that Uber will ultimately be held accountable for its actions.”
The case triggered a global backlash against Uber and a ban in the Indian capital. In January the plaintiff sued Uber in a US federal court, claiming the company failed to maintain basic safety procedures.The case triggered a global backlash against Uber and a ban in the Indian capital. In January the plaintiff sued Uber in a US federal court, claiming the company failed to maintain basic safety procedures.
In a filing late on Monday, Uber said the court should dismiss the lawsuit as the plaintiff had sued the wrong party. California-based company argues it had no relationship with the plaintiff as she had ordered a cab using a service operated by is Netherlands-based overseas operation, Uber BHV, which is not party to the lawsuit.In a filing late on Monday, Uber said the court should dismiss the lawsuit as the plaintiff had sued the wrong party. California-based company argues it had no relationship with the plaintiff as she had ordered a cab using a service operated by is Netherlands-based overseas operation, Uber BHV, which is not party to the lawsuit.
“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.“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 the 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.”“While the 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 Uber driver in Chicago who was accused of raping a female passenger late last year were dropped on Monday.Charges against a Uber driver in Chicago who was accused of raping a female passenger late last year were dropped on Monday.