In a highly publicized case argued before the Illinois Supreme Court by Clifford Law Offices Partner Charles R. Haskins, the Court on Thursday, Sept. 24, 2026 handed down a significant decision that impacts consumers in Illinois and around the country regarding Ride-Share Application’s Terms of Use sections. Geller v. Uber Technologies, et. al. (Case No. 132066)
Mark Geller of Chicago was in an Uber that he secured through his own Uber application that he downloaded on his cell phone. On his trip in April 2022 to Midway Airport, the Uber driver lost control of the car and was in an accident that killed Geller. His widow, Gloria Sheridan Geller, filed suit in Cook County Circuit Court in a representative capacity as administrator of Mark’s estate, and Uber moved to compel the case to arbitration, arguing that Sheridan Geller also had her own Uber application that contained an arbitration clause.
Uber appealed, and an Illinois appellate court reversed the trial court’s decision and ruled the case should proceed instead to arbitration. The plaintiff then appealed this decision to the Illinois Supreme Court.
Haskins argued the case before the Illinois Supreme Court last May. On September 24, 2026, the Illinois Supreme Court reversed the decision of the First District Appellate Court and affirmed the trial court’s ruling that the wrongful death case is not compelled to arbitration because Sheridan’s independent agreement with Uber was a contract that dealt with her own use of her own Uber application and did not encompass a third person’s use of Uber.
“We are extremely grateful that the state’s highest court determined simply signing up for an application like Uber does not compel any controversy imaginable to arbitration, only ones where the parties agreed to arbitrate,” Haskins said. “This decision has significance to all consumers in Illinois, and around the country, given the prevalence of mobile applications and the Terms of Use that accompany them. The unfettered use of mandatory arbitration clauses by large corporations who use it as a device to avoid full justice was clarified in this important decision. Arbitration is a matter of consent of the parties, not coercion.”
For further information, contact Clifford Law Offices, Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).