By Daniel M. Kotin

In October 2005, Stephen Colbert essentially invented the word truthiness on his TV show. Since then, his made-up word has earned an official place in the Merriam-Webster Dictionary. 

truth-i-ness (noun): A truthful or seemingly truthful quality that is claimed for something not because of supporting facts or evidence but because of the feeling that it is true or the desire for it to be true.

Also, in the 18 years since that satirical Colbert Report aired, several studies and articles in peer-reviewed journals have drilled down on this concept and identified a phenomenon known as the "truthiness effect." Research shows that if any claim is accompanied by a neutral, generic photograph of the subject of that claim, most unknowing people will be biased into believing that claim is true. This is a bit scary. 

By Daniel M. Kotin

I recently returned from a Chicago Bar Association trip to Dublin, Ireland hosted by my partner and CBA President Tim Tomasik. 

While there, I participated on a panel with Judge Maryam Ahmed and Barrister Remy Farrell, comparing the jury trial system in the U.S. to that in Ireland. We learned that in jury selection, like in America, Irish barristers are given a number of “preemptory challenges” through which they can exclude potential jurors for no stated reason. 

By: Jessica Black

On August 20, 2021, a California judge issued a decision striking down a ballot measure in the state that had allowed rideshare companies to classify drivers as independent contractors rather than employees. The measure, known as Proposition 22, allowed rideshare companies such as Uber and Lyft to deny drivers employee benefits and job protections such as the right to sick pay, minimum wage, and health benefits. It also provided a liability shield that allowed Uber and Lyft to evade responsibility for the actions of their drivers.

Ride-hailing and delivery service corporations including Uber, Lyft, Postmates, Instacart, and DoorDash spent more than $200 million attempting to influence Californians to support the ballot measure. Uber and Lyft went so far as threatening to stop providing services in the state if the measure was not passed.

Lyft Inc. is facing a class action lawsuit brought by investors of its initial public offering (IPO). The case, In re Lyft Inc. Securities Litigation, U.S. District Court, Northern District of California, No. 19-cv-02690, alleges that Lyft failed to disclose a number of safety issues prior to the IPO. These issues include the pervasive sexual assaults by its drivers and defective brakes that affect its bike share fleet. 

The lawsuit claims Lyft deliberately failed to report the safety information in an effort to market itself as more socially responsible than Uber. Uber is also facing a shareholder lawsuit about its disclosures on passenger safety and other issues ahead of its 2019 IPO.

Both Uber and Lyft have been the subject of immense criticism because they have failed to ensure that passengers are protected against sexual assaults by their drivers. Hundreds of passengers continue to be victimized by rideshare drivers each year.

By: Eddie Hettel

Timely, accurate health information is a necessity during a global pandemic. People across the country obtain COVID-19 tests for a multitude of reasons that ultimately share a common goal – health and safety. Despite their proactivity, many COVID-19 test patients are being penalized rather than rewarded by healthcare providers.

The New York Times recently reported the astronomical testing fees charged by some healthcare providers. Lenox Hill Hospital in Manhattan consistently charges patients over $3,000 for a routine nasal swab test. Huntington Hospital on Long Island charges patients up to $2,793 for a drive-through test. One family was shocked to learn that they had accumulated $39,314 in charges for 12 precautionary tests taken before returning to work and school.