Connect with us

Published

on

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”.

Read more:
Woman fraudulently bought Uber Eats takeaways
Brits are healthier than Americans, study says

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.

Continue Reading

US

Pam Bondi: Key proponent of Trump’s false 2020 election claims set to head justice department after Gaetz withdrawal

Published

on

By

Pam Bondi: Key proponent of Trump's false 2020 election claims set to head justice department after Gaetz withdrawal

Donald Trump has pledged for years to surround himself with ultra-loyalists who can mould his government to his vision without barriers. 

That’s precisely why he picked Matt Gaetz. Now he’s out, Pam Bondi is in and she’s equally loyal.

Gaetz was uniquely unpopular on Capitol Hill but ultra-MAGA and ultra-loyal to the president-elect.

He was chosen by the president-elect to do his bidding inside the Justice Department as attorney general.

Critics called his pick “a red alert moment for democracy” and the man a “gonzo agent of chaos” – language that would surely only affirm Trump’s decision in his own proudly disruptive mind.

FILE...Rep. Matt Gaetz, R-Fla., appears before the House Rules Committee at the Capitol in Washington, Friday, Sept. 22, 2023.  (AP Photo/J. Scott Applewhite, File)
Image:
Matt Gaetz has withdrawn despite Trump putting him forward for attorney general. Pic: AP

If it wasn’t for the fact that the president-elect is himself a convicted felon, and a man found liable in a civil court of his own sexual offences, the prospect of Gaetz, with all his baggage, making it through the nomination process would have seemed remote.

But Donald Trump’s return to the White House suggested anything is possible.

And so, beyond his loyalty, Gaetz was Trump’s test for his foot soldiers on Capitol Hill. How loyal were they? Would they wave through anyone he appointed?

It turns out that Gaetz, and the storm around his private life, was too much for a proportion of them.

At least five Senate Republicans were flatly against Matt Gaetz’s confirmation. We understand that they communicated to other senators and those close to Trump that they were unlikely to be swayed.

They included the Republican old guard like Senator Mitch McConnell.

Beyond the hard “no” senators, there were between 20 and 30 other Republicans who were very uncomfortable about having to vote for Gaetz on the Senate floor.

Please use Chrome browser for a more accessible video player

Trump pick Matt Gaetz withdraws

The key question is whether Gaetz was Trump’s intentional wild card crazy choice that he knew, deep down, would probably never fly.

Was Gaetz the candidate he had accepted would be vetoed by senators – who would then feel compelled to wave the rest of his nominees through?

Will Pete Hegseth’s alleged sexual impropriety concern them as they consider the suitability of the former Fox News host and army major to run the Department of Defence?

What about Tulsi Gabbard, the candidate Russian state TV calls ‘our girl’, and the appropriateness of her running America’s intelligence agencies?

These are all appointments that the politicians on Capitol Hill must consider and confirm in the weeks ahead.

Read more:
Trump hands out top jobs: Who is in, who is out
Musk picked to head up Trump’s new efficiency department

We don’t yet know who Trump will choose to direct the FBI.

There are some names being floated which will make the establishment of Washington shudder but then that’s precisely why Trump was elected. He is the disrupter. He said so at every rally, on repeat.

He was quick to pivot to another name to replace Gaetz.

Bondi is the former attorney general of Florida. Professionally she is in a different league to Gaetz. She’s been a tough prosecutor, with a no-nonsense reputation.

She is also among the most loyal of loyalists. Her attachment to Trump stretches way back.

Pam Bondi speaks during a Trump rally in November 2024. Pic: Reuters
Image:
Pam Bondi speaks during a Trump rally in November 2024. Pic: Reuters

I first came across her in Philadelphia in November 2020 when she was among Trump surrogates claiming the election back then had been stolen from them by Joe Biden and the Democrats.

She was a key proponent of the false claims the election had been rigged and Trump was the rightful winner.

The court cases concluding that was all nonsense didn’t seem to convince her.

Now she is poised to head up the Department of Justice as the country’s top law enforcement official.

Continue Reading

US

Donald Trump on day one: Pace of change ‘like nothing you’ve seen in history’, warns campaign official

Published

on

By

Donald Trump on day one: Pace of change 'like nothing you've seen in history', warns campaign official

Within hours of taking office, president-elect Donald Trump plans to begin rolling out policies including large-scale deportations, according to his transition team.

Sky News partner network NBC News has spoken with more than half a dozen people familiar with the executive orders that his team plans to enact.

One campaign official said changes are expected at a pace that is “like nothing you’ve seen in history”, to signal a dramatic break from President Joe Biden’s administration.

Mr Trump is preparing on day one to overturn specific policies put in place by Mr Biden. Among the measures, reported by sources close to the transition team, are:

• The speedy and large-scale deportations of illegal immigrants

• Ending travel reimbursement for military members seeking abortion care

• Restricting transgender service members’ access to gender-affirming care

More on Donald Trump

But much of the first day is likely to focus on stopping illegal immigration – the centrepiece of Trump’s candidacy. He is expected to sign up to five executive orders aimed at dealing with that issue alone after he is sworn in on 20 January.

“There will without question be a lot of movement quickly, likely day one, on the immigration front,” a top Trump ally said.

“There will be a push to make a huge early show and assert himself to show his campaign promises were not hollow.”

Please use Chrome browser for a more accessible video player

Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.

But Mr Trump’s campaign pledges also could be difficult to implement.

Deporting people on the scale he wants will be a logistical challenge that could take years. Questions also remain about promised tax cuts.

Meanwhile, his pledge to end the war between Russia and Ukraine in just 24 hours would be near impossible.

Read more:
Police file on Trump pick, Pete Hegseth
Matt Gaetz withdraws from top job
Watch: Musk and Trump’s bromance

Even so, advisers based at Mr Trump’s Mar-a-Lago resort or at nearby offices in West Palm Beach, Florida, are reportedly strategising about ending the wars in Ukraine and the Middle East.

Following his decisive victory on 5 November, the president-elect has moved swiftly to build a cabinet and senior White House team.

As of Thursday, he had selected more than 30 people for senior positions in his administration, compared with just three at a similar point in his 2016 transition.

Stephen Moore, a senior economic adviser in Mr Trump’s campaign, told NBC News: “The thing to realise is Trump is no dummy.

“He knows he’s got two to three years at most to get anything done. And then he becomes a lame duck and we start talking about [the presidential election in] 2028.”

Continue Reading

US

Trump pick Matt Gaetz withdraws from consideration to be US attorney general

Published

on

By

Trump pick Matt Gaetz withdraws from consideration to be US attorney general

Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.

Mr Gaetz, a controversial pick to be the country’s top legal official, said his selection was “unfairly becoming a distraction” to the transition of Mr Trump’s administration into the White House.

The Florida Republican had faced significant scrutiny over a federal investigation into sex trafficking allegations involving a 17-year-old girl.

He said in a post on the X social media platform: “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as attorney general. Trump’s DOJ (Department of Justice) must be in place and ready on Day 1.

“I remain fully committed to seeing that Donald Trump is the most successful president in history. I will forever be honoured that President Trump nominated me to lead the Department of Justice and I’m certain he will Save America.”

Mr Trump said in a post on his own social media site, Truth Social, that Mr Gaetz had a “wonderful future”.

“I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General,” he wrote.

More from US

“He was doing very well but, at the same time, did not want to be a distraction for the administration, for which he has much respect.”

Mr Gaetz previously faced a nearly three-year Justice Department investigation into sex trafficking allegations involving a 17-year-old girl, which ended in February 2023 without him facing any criminal charges.

He has always denied the allegations.

He has also been under scrutiny by the House Ethics Committee over wider allegations including sexual misconduct, illicit drug use and accepting improper gifts.

The inquiry was dropped on Wednesday 13 November when Mr Gaetz left Congress – the only forum where the committee has jurisdiction.

The Senate ethics committee is deadlocked on whether their report can be released.

Mr Gaetz’s withdrawal is a blow to Mr Trump’s push to install steadfast loyalists in his incoming administration and the first sign that he could face resistance from members of his own party.

Continue Reading

Trending