The Massachusetts Supreme Judicial Court is considering whether Uber’s pop-up screen gave reasonable notice of the rideshare company’s updated terms that would limit a registered rider’s $63 million damages claim to arbitration after he suffered paralyzing injuries in a crash.

It’s the second time within the last few years that the state high court will consider whether Uber’s contracts meet basic standards under Massachusetts law. In 2021, the Supreme Judicial Court in Kauders v. Uber Technologies (2021) provided clarity on the enforceability of online agreements, including that digital users must have reasonable notice of the terms and give a reasonable assent to those terms.