Following Mohamed v. Uber Technologies, Inc. (9th Cir. 2016) 836 F.3d 1102, this decision holds that Uber’s arbitration agreements with its drivers are enforceable and delegate arbitrability questions to the arbitrator.  The named plaintiffs could not opt out of the arbitration agreement for class members.  The named plaintiffs had no authority to take such a step on class members’ behalf.  Plaintiffs’ argument that the class action waiver violated the NLRA was nixed by the Supreme Court’s holding in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). The class certification orders, which were based on the district court’s erroneous conclusion that the arbitration agreements, were unenforceable are also reversed.

Ninth Circuit Court of Appeals (Clifton, J.); September 25, 2018; 2018 U.S. App. LEXIS 27343