Feb 12, 2016 · 1 minute

A federal judge has tentatively dismissed a long-running lawsuit filed by taxi drivers in San Francisco against Uber.

The suit, filed last March, claimed that Uber had lied to the public when it claimed that its drivers offered “the safest rides on the road.”

As reported by Courthouse News, Uber moved to have the suit dismissed on the basis that their claims were  "non-actionable puffery." Which is a fun legal way of saying “No one would really believe getting in an Uber is actually safer than taking a cab!” 

Good to know.

Still, a Federal judge -  Judge Jon Tigar -- allowed the suit to continue.

"Because the statements they claim to be aspirational are plausibly measureable factual claims, defendants' motion to dismiss is denied," Tigar wrote.

Now, though, Judge Tigar appears to have had a change of heart. In a ruling yesterday, also reported by Courthouse News, he said he was inclined to dismiss the case on the basis that it didn’t belong in Federal Court.

At Thursday's hearing, U.S. District Judge Jon Tigar said he was inclined to dismiss the class action because the case did not seem like it belonged in Federal Court.

"I wonder what a case concerning California's unfair competition law is doing in the federal circuit," Tigar said.

Judge Tigar also cited an ongoing investigation by the California Public Utilities Commission into Uber’s use of criminal background checks. He said he was concerned that the lawsuit might interfere with that investigation.

Still, it’s not all bad news for cab drivers. The judge said he might not dismiss the case with prejudice, meaning the taxi drivers would be able to refile the case.