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Uber seeks to have India driver rape case dismissed by US court

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By John McCarthy, Opinion Editor

April 7, 2015 | 3 min read

Uber has appealed to a US court to block a lawsuit from a New Delhi woman who was allegedly raped by one of its drivers in India.

The ride-hailing app is looking to the US court system to protect it from the lawsuit which was launched in January, claiming it cannot be held legally responsible for the acts of the driver.

The lawsuit was sparked after the firm was in December banned in the aftermath of a driver allegedly raping and threatening to kill a female passenger before fleeing police.

What landed the ride-sharing app in hot water was the fact it failed to conduct a background check on the 32-year-old man who faced a previous rape charge in 2011, before hiring him. At the time however, taxi drivers were vetted by the Indian police and the Department of Transport, whom approved the driver's license and registration.

As a result of the incident, Uber chief executive Travis Kalanick urged to “partner closely with the groups who are leading the way on women’s safety here in New Delhi and around the country”.

On Monday, Uber issued a filing to a San Francisco court which read: “While plaintiff undoubtedly can state a claim against her alleged assailant, she cannot state a claim against Uber US, which is the wrong party.

"Nor does California law govern a dispute involving an alleged wrong committed by one Indian citizen against another Indian citizen, in India."

The company continued that it had no connection to the Indian branch which is a subsidiary of Dutch-based Uber BV – which was not mentioned in the lawsuit.

As a result of the alleged rape, New Delhi launched a crackdown on what it claimed were unlicensed internet-based cab services. As a result, in January Uber buckled and applied for the necessary licenses to operate in the region.

In March Uber upped its marketing offensive in the region, striking up a significant partnership with one of India’s biggest digital publishers - Times Internet.

Uber India San Francisco

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