Courts, Consolidation, Tort Claims in Multidistrict Litigation, 2, 3
Uber did not show that the JPML had abused its discretion in consolidating for pretrial purposes many tort suits against Uber for not taking adequate measures to protect customers from drivers’ sexual assaults and harassment. Common questions need not predominate for consolidation, unlike class certification. Centralizing the cases would promote judicial efficiency. Uber’s terms of use waive the right to collective action, but private agreements can’t waive the JPML’s power to centralize multidistrict litigation.