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A couple who suffered serious injuries in a crash while in an Uber have been told they cannot sue the firm – because they previously agreed to terms for Uber Eats.

Georgia and John McGinty, from New Jersey, tried to sue the taxi service company in a complaint on 23 February 2023 after an Uber driver “ran a red light and t-boned a vehicle”, according to court documents.

Mrs McGinty needed “numerous surgeries” after suffering cervical and spine fractures, a protruding hernia and injuries to her pelvic floor.

Her husband sustained a fractured sternum and has diminished use in his left wrist, following the crash on 31 March 2022.

However, the Superior Court of New Jersey has ruled terms they agreed to on 8 January 2022 – which the couple said was approved by their daughter while ordering food – are “valid”.

The court highlighted part of the conditions, which states that “incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of services… will be settled by binding individual arbitration between you and Uber, and not in a court of law”.

The ruling added: “We hold that the arbitration provision contained in the agreement under review, which Georgia or her minor daughter, while using her cell phone agreed to, is valid and enforceable.”

Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments before making a binding decision.

Mr and Mrs McGinty may appeal against the decision to the state’s Supreme Court, their lawyers suggested to Law&Crime, a US-based news publication.

In a statement to the same website, the couple said: “We are horrified at what the court’s decision suggests: A large corporation like Uber can avoid being sued in a court of law by injured consumers because of contractual language buried in a dozen-page-long user agreement concerning services unrelated to the one that caused the consumers’ injuries.”

They added: “Here, the content, format, and presentation – dozens of pages on an iPhone screen during a food delivery order – make it impossible that anyone could understand what rights they were potentially waiving or how drastic the consequences could be.”

Law&Crime reports Uber said the court “concluded that on multiple occasions the plaintiff herself – not her teenage daughter – agreed to Uber’s Terms of Use, including the arbitration agreement”.

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The case is reminiscent of Disney’s recent bid to throw out a wrongful death claim because the accuser signed up for a one-month trial of its streaming service Disney+.

Disney said the first page of its subscriber agreement states “any dispute between You and Us… is subject to a class action waiver and must be resolved by individual binding arbitration”.

Uber has been approached for comment.

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Donald Trump appoints British TV producer who created The Apprentice as special envoy to UK

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Donald Trump appoints British TV producer who created The Apprentice as special envoy to UK

US president-elect Donald Trump says he has appointed British TV producer Mark Burnett as his special envoy to the UK.

Mr Burnett, 64, created and worked alongside Mr Trump on the US series, The Apprentice, which made the president-elect internationally famous for firing a succession of contestants vying for roles in his businesses.

The London-born producer has also worked on popular reality shows such as Shark Tank, The Voice, and Survivor.

In a statement, Mr Trump said: “It is my great honour to appoint Mark Burnett as the special envoy to the United Kingdom.

“With a distinguished career in television production and business, Mark brings a unique blend of diplomatic acumen and international recognition to this important role.”

Mr Trump’s first campaign in 2016 was rocked by allegations about his conduct on The Apprentice and other appearances during his association with NBC, notably in footage in which he said he could sexually assault women and get away with it because he was a “star”.

The 78-year-old president-elect went on to praise Mr Burnett for “creating and producing some of the biggest shows in Television History,” and highlight how he won 13 Emmy Awards.

Mr Burnett’s spokesperson said in a statement to Variety he was “truly honoured to serve The United States of America and President Trump as his Special Envoy to the United Kingdom”.

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Mr Burnett will work to enhance diplomatic relations, focusing on areas of mutual interest, including trade, investment opportunities, and cultural exchanges, according to the statement.

It comes after Mr Trump, who will take office following his inauguration on 20 January, nominated businessman Warren Stephens to serve as America’s ambassador to the UK.

Earlier this week, Sir Keir Starmer named Labour grandee Lord Mandelson as the UK’s ambassador to the US.

Lord Mandelson. Pic: PA
Image:
Lord Mandelson. Pic: PA

But the appointment didn’t seem to please Chris LaCivita, co-manager for Mr Trump’s presidential election campaign, who called Lord Mandelson an “absolute moron”.

In a post on X, Mr LaCivita said: “This UK govt is special replace a professional universally respected Ambo with an absolute moron – he should stay home! SAD!”

Mr Burnett is not the first of Mr Trump’s new administration appointees to have a background in TV.

The president-elect made former Fox News commentator and National Guard veteran Pete Hegseth his defence secretary and named celebrity doctor and former TV host, Mehmet Oz, as his administrator for the Centers for Medicare and Medicaid Services.

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Trump campaign co-manager calls Lord Mandelson an ‘absolute moron’ as peer is confirmed as Starmer’s new US ambassador

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Trump campaign co-manager calls Lord Mandelson an 'absolute moron' as peer is confirmed as Starmer's new US ambassador

The co-manager for Donald Trump’s presidential election campaign has called Lord Mandelson an “absolute moron” – as the peer was officially announced as the next UK ambassador to the US.

The Labour grandee, who served in Sir Tony Blair and Gordon Brown’s cabinets, will become the UK’s top diplomat in Washington as president-elect Trump returns to the White House in January.

In a post on X, Chris LaCivita linked to an article in The Daily Telegraph which reported on Lord Mandelson describing Mr Trump as “a danger to the world”.

The peer also described Mr Trump as “little short of a white nationalist and racist” during an interview with an Italian journalist in 2019, according to the newspaper.

In the post on X, Mr LaCivita said: “This UK govt is special replace a professional universally respected Ambo with an absolute moron – he should stay home! SAD!”

He added the headline of the piece in his post: “Mandelson described Trump as a danger to the world and ‘little short of a white nationalist’.”

It comes as Sir Keir Starmer confirmed the appointment of Lord Mandelson to the post.

The 71-year-old said: “We face challenges in Britain but also big opportunities and it will be a privilege to work with the government to land those opportunities, both for our economy and our nation’s security, and to advance our historic alliance with the United States.”

The prime minister said: “The United States is one of our most important allies and as we move into a new chapter in our friendship, Peter will bring unrivalled experience to the role and take our partnership from strength to strength.”

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Chris LaCivita, co-manager of Donald Trump's election campaign. Pic: Reuters
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Chris LaCivita, co-manager of Donald Trump’s election campaign. Pic: Reuters

Sir Keir also thanked outgoing US ambassador Dame Karen Pierce, who will leave the post at the beginning of next year.

“I would also like to thank Dame Karen Pierce for her invaluable service for the last four years, and in particular the wisdom and steadfast support she has given me personally since July,” he said.

“She made history as the first woman to serve as UK ambassador to the US and she has been an outstanding representative of our country abroad. I wish her all the very best in future.”

Lord Mandelson was one of the key architects of New Labour and helped the party return to power in the 1990s.

He served as Sir Tony’s trade secretary and Northern Ireland secretary before standing down as an MP in 2004 to become a European Commissioner.

After Mr Brown awarded him a peerage in 2008, Lord Mandelson returned to government as business secretary.

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US government avoids shutdown after funding bill clears Congress

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US government avoids shutdown after funding bill clears Congress

The US government has narrowly avoided a crippling shutdown after politicians agreed on a last-minute spending deal.

Failure to reach an agreement would have meant federal employees would have missed pay ahead of the festive season, impacting various public services.

Plans to approve the government’s budget were thrown into disarray this week after billionaire Elon Musk hit out at a bill put forward by Republicans and Democrats.

His opposition was backed by president-elect Donald Trump who wanted to increase the debt ceiling, which caps the amount the government can borrow.

But his revamped plan to suspend the cap for two years lost in a vote on Thursday, putting Congress in a race against time to agree a deal before midnight local time.

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In an 85-11 vote, the Democratic-controlled Senate passed the funding bill 38 minutes after it expired at midnight.

Even though the midnight deadline was missed, the government did not invoke shutdown procedures.

The bill will now be sent it to White House where President Joe Biden is expected to sign it into law.

The package had earlier cleared the Republican-controlled House of Representatives with bipartisan support, passing overwhelmingly by 336-3 votes.

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