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CUNNINGHAM v. LYFT, INC.

Nos. 20-1373, 20-1379 Nos. 20-1544, 20-1549, 20-1567.

17 F.4th 244 (2021)

Melody CUNNINGHAM, individually and on behalf of all others similarly situated; Frunwi Mancho, individually and on behalf of all others similarly situated, Plaintiffs, Appellees/Cross-Appellants, Martin El Koussa, individually and on behalf of all others similarly situated; Vladimir Leonidas, individually and on behalf of all others similarly situated, Plaintiffs, v. LYFT, INC.; Logan Green; John Zimmer, Defendants, Appellants/Cross-Appellees. Melody Cunningham, individually and on behalf of all others similarly situated; Frunwi Mancho, individually and on behalf of all others similarly situated; Martin El Koussa, individually and on behalf of all others similarly situated; Vladimir Leonidas, individually and on behalf of all others similarly situated, Plaintiffs, Appellees/Cross-Appellants, v. LYFT, INC.; Logan Green; John Zimmer, Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

November 5, 2021.

Attorney(s) appearing for the Case

Elaine J. Goldenberg , with whom Jeffrey Y. Wu , Benjamin G. Barokh , Donald B. Verrilli, Jr. , Rachel G. Miller-Ziegler , Rohit K. Singla , Justin P. Raphael , Adele M. El-Khouri , Munger, Tolles & Olson LLP, James D. Smeallie , David J. Santeusanio , Andrew E. Silvia , Michael T. Maroney , and Holland & Knight LLP were on brief for appellants.

Ben Robbins and Martin J. Newhouse on brief for New England Legal Foundation, amicus curiae.

Steven P. Lehotsky , U.S. Chamber Litigation Center, Inc., Archis A. Parasharami , and Mayer Brown LLP on brief for Chamber of Commerce of the United States of America, amicus curiae.

Shannon Liss-Riordan , with whom Anastasia Doherty , Adelaide H. Pagano , Anne R. Kramer , and Lichten & Liss-Riordan, P.C. were on brief for appellees.

Hugh Baran on brief for National Employment Law Project, Massachusetts Coalition for Occupational Safety and Health, Justice at Work, and New York Taxi Workers Alliance, amici curiae.

Before LYNCH and KAYATTA, Circuit Judges, and McELROY, District Judge.

Plaintiffs are Massachusetts-based rideshare drivers who use the Lyft application and platform to find passengers. Plaintiffs claim that Lyft misclassifies them as independent contractors, rather than employees. They seek relief on their own behalf and on behalf of other drivers who worked for Lyft in Massachusetts, although...

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