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O’Hanlon v. Uber Technologies, Inc.

3rd Circuit

March 17, 2021

In O’Hanlon v. Uber Technologies, Inc., the Third Circuit reviewed a District Court’s order denying Uber’s motion to compel arbitration. Uber argued that the Third Circuit could not reach the merits of the motion without first determining that Plaintiffs had standing to bring their underlying ADA claim—pursuant to either the independent obligation to ensure the appellate court had jurisdiction or under pendent appellate jurisdiction. The Third Circuit did not agree that it either must or, in its discretion, should decide whether Plaintiffs had standing to sue. As to the merits, the Third Circuit concluded Plaintiffs were not bound to arbitrate under an agreement they had never accepted or knowingly exploited.

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