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|Tip Pooling Clarified by New York's Top Court|
Tiffany Ma; Clifton Budd DeMaria LLP;
July 5, 2013The New York Court of Appeals issued an important decision relating to tip pools. The case involved shift supervisors and assistant store managers who perform similar entry-level customer service roles as front-line baristas who take orders, make coffee, and operate the cash registers. The Court...
|Supreme Court’s American Express Decision Further Strengthens Employers’ Ability to Enforce Class Action Arbitration Waivers|
Alston Bird LLP;
July 4, 2013, previously published on July 2, 2013The United States Supreme Court’s June 20, 2013, decision of American Express Co. et al. v. Italian Colors Restaurant will further bolster employers’ ability to enforce class action waivers contained in arbitration agreements. Historically, in the employment context, employee-friendly...
|Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable|
Patterson Belknap Webb Tyler LLP;
July 3, 2013, previously published on June 2013In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. --- (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was enforceable.
|Supreme Court Further Affirms the Right to Enforce Arbitration Agreements, Including Class Action Waivers|
Downey Brand LLP;
July 3, 2013, previously published on July 2013Italian Colors Restaurant in Oakland, California, along with several other restaurants, filed a class action suit against American Express alleging the company’s high, and often hidden, fees were forced upon the restaurants in a monopolistic fashion. American Express moved to enforce its...
|Too Darn Bad: The Supreme Court Rejects Vindication of Federal Statutory Rights as a Ground to Invalidate Class Action Waivers in Arbitration Agreements|
S. Elaine McChesney, John R. Snyder; Bingham McCutchen LLP;
July 1, 2013, previously published on June 24, 2013The Supreme Court has definitively declared that contractual waivers of class arbitration are valid and enforceable even if the plaintiff’s cost of individually arbitrating a federal statutory claim would exceed the potential recovery. American Express Co. v. Italian Colors Restaurant, No....
|Supreme Court Holds That Express Class Action Waivers In Arbitration Agreements Are Enforceable Even When The Expense Of Conducting Individual Arbitration Exceeds The Potential Recovery|
Meckler Bulger Tilson Marick Pearson LLP;
June 26, 2013, previously published on June 20, 2013Earlier today, the Supreme Court issued its ruling in American Express Company v. Italian Colors Restaurant, holding that a contractual waiver of the right to class arbitration is enforceable under the Federal Arbitration Act ("FAA") even if the cost of individual arbitration exceeds the...
|Good News for Employers: Supreme Court Approves Class-Action Arbitration Waiver|
Hinshaw Culbertson LLP;
June 26, 2013, previously published on June 25, 2013In a significant victory for businesses and employers, the U.S. Supreme Court ruled on June 20, 2013, that a class-action waiver in an arbitration agreement is valid and enforceable under the Federal Arbitration Act (FAA) even if the costs of prosecuting the claim on an individual basis are...
|Arbitration Agreements and Class Actions: Supreme Court Enforces Arbitration Agreement with Class Action Waiver, Narrowing the Scope of Ability to Avoid Such Agreements|
Sullivan Cromwell LLP;
June 26, 2013, previously published on June 21, 2013The United States Supreme Court yesterday continued its rigorous enforcement of arbitration agreements, including those containing waivers of class arbitration. The Court in American Express Co. v. Italian Colors Restaurant held that a contractual waiver of class arbitration is enforceable under...
|Class Action Waivers in Arbitration Agreements Are Enforceable Even in Cases Involving “Small Dollar” Claims|
Derek T. Teeter; Husch Blackwell LLP;
June 25, 2013, previously published on June 24, 2013Recently, the U.S. Supreme Court held that class action waivers contained in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) even in cases involving “small dollar” claims that might otherwise not be prosecuted on an individual basis. In the court’s...
|Supreme Court Upholds Class-Action Waivers in Antitrust Action in American Express Co. v. Italian Colors Restaurant|
Drinker Biddle Reath LLP;
June 24, 2013, previously published on June 20, 2013The Supreme Court today announced its decision in American Express Co. v. Italian Colors Restaurant. In a 5-3 decision authored by Justice Scalia, it found that an arbitration agreement’s class action waiver is enforceable even though the cost of individually prosecuting the claim exceeds...