[mjolk]

Uber doesn't have the same model as a taxi company -- what would stop a driver from staying logged into the Uber application whenever she's running errands? Taxi drivers drive shifts in which they're using cars that are the property of their employers.

[pm24601]

The key bit in the lawsuit is that Uber's business model depends on availability of drivers in a certain area. Those drivers are required to look at their cell phone while driving.

[JoeAltmaier]

There are also cities where the cabby owns the car. Then it would be more similar.