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Documents on Litigation, Travel, Leisure & Hospitality, Retail Trade
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|Too much of a “Good Thing”? Exclusivity and Enforcement in Licensing Agreements|
Elder C. Marques; McCarthy Tétrault LLP;
July 21, 2014, previously published on July 11, 2014Exclusive product or manufacturing licenses allow retailers to leverage a partnering business’s strengths, such as a strong brand name, loyal customer base, or state-of-the-art operations and supply chain management. With these benefits, retailers might be tempted to find multiple strategic...
|The Law of Comparative Negligence & Minors in South Carolina|
Collins Lacy P.C.;
June 11, 2014, previously published on April 2, 2014From time to time, in both the retail and hospitality settings, we assist clients who have either been sued or threatened with suit arising from claims involving injury to a minor. The alleged injuries can be very serious, which makes these claims stressful for our clients. The seriousness of the...
|Hotel Pay Bias Lawsuit Leads to $75,800 Settlement|
Pessin Katz Law P.A.;
April 4, 2014, previously published on March 31, 2014Extended Stay Hotels agreed to pay $75,800 in settlement of a pay bias lawsuit in which a female employee was paid less than male employees. According to the Equal Employment Opportunity Commission’s (“EEOC”) suit, Extended Stay Hotels paid Latoya Weaver less than male guest...
|A Successful Jurisdiction Motion by a Foreign Hotel to Stay an Ontario Action: Haufler V. Hotel Riu Palace Cabo San Lucas, 2013 ONSC 6044|
Borden Ladner Gervais LLP;
March 13, 2014, previously published on March 12, 2014A Successful Jurisdiction Motion by A Foreign Hotel To Stay An Ontario Action: Haufler V. Hotel Riu Palace Cabo San Lucas, 2013 ONSC 6044
|Shareholder Oppression in Action|
Stephen Antle, Kara L. Beitel, Barry H. Bresner; Borden Ladner Gervais LLP;
December 13, 2013, previously published on December 9, 2013Dispute Resolution doesn’t usually publish case comments. But the Supreme Court of British Columbia’s decision in Southpaw Credit Opportunity Master Fund LP et al v. Asian Coast Development (Canada) Ltd. et al, 2013 BCSC 187, is worth making an exception for because it contains several...
|Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.|
Craig A. Cowart; Fisher & Phillips LLP;
December 6, 2013, previously published on December 3, 2013The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading...
|Employer’s Arbitration Policy Unconscionable, Unenforceable under California Law, Ninth Circuit Rules|
Jackson Lewis P.C.;
November 18, 2013, previously published on November 14, 2013A grocery store’s arbitration policy was so one-sided that it “shocked the conscience” under California law and was unenforceable, the U.S. Court of Appeals for the Ninth Circuit has ruled, citing in part a provision requiring employees to split the arbitrator’s fees down...
|The Supreme Court Decision Confirming that Arbitration Agreements with Class Action Waivers are Enforceable|
Kathleen Hopkins Alsina, Jane R. Goldsmith; Phelps Dunbar LLP;
November 8, 2013, previously published on November 2013In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion to compel arbitration was granted and the underlying claims were dismissed. The plaintiff...
|California Supreme Court Follows Concepcion But Allows Courts to Strike Down Unconscionable Arbitration Agreements|
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 29, 2013, previously published on October 25, 2013 Sonic-Calabasas A, Inc. v. Moreno, No. S174475, (October 17, 2013): As expected following the recent decision by the Supreme Court of the United States interpreting the Federal Arbitration Act (FAA), the California Supreme Court struck down its own rule on arbitration agreements. In Sonic-Calabasas...
|Illinois: Supreme Court Strikes Down Controversial “Amazon Tax”|
McDonald Hopkins LLC;
October 28, 2013, previously published on October 24, 2013Last Friday, October 18, 2013, the Illinois Supreme Court issued a 6-1 opinion holding that the state’s “click-through” nexus law or “Amazon tax” is invalid. The underlying law was passed in 2011 when brick-and-mortar retailers in Illinois called on the state...