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|NJ Court Clears Way for Class Actions Seeking Mandatory Statutory Penalties in Consumer Disputes|
Matthew J. Fedor; Drinker Biddle & Reath LLP;
July 18, 2013, previously published on July 16, 2013On July 9, 2013, the New Jersey Supreme Court issued a decision broadly interpreting a longstanding, but previously little-used, consumer protection statute that exposes companies to substantial mandatory statutory penalties for mere technical violations of a wide array of federal and state laws. ...
|Tips for Preventing Child Injuries During the Summer|
Sean P. DuBois, Joshua Shulman; Shulman DuBois LLC;
July 17, 2013After the long, dark, cold winter months and the stuttering promises made by spring, summer seems finally to have arrived, much to the delight of the vast majority of people. Yet summer also brings extra dangers, and Portland child injury attorneys are offering some good advice on how to prevent...
|Panama Enacts New Tourism Law: Law 431 of 2012
Juan Jose Espino S.; Pardini & Asociados;
July 16, 2013, previously published on July 3, 2013The new tourism law in part responds to the growing necessities in infrastructure, and to the identification of new trends in services and activities that required some level of incentive and regulation.
|Online Travel Agent and Hotel Operators - Agent or Principal?|
Anne-Marie Chirema, Mark A. Prinsley; Mayer Brown International LLP;
July 16, 2013, previously published on July 11, 2013The UK Court of Appeal has given a significant judgment on the question of whether an online travel agent is acting as a principal or an agent in relation to liability for VAT on the provision of hotel accommodation.
|The Sagas of Strata-Sale of Hotel Units in Hong Kong|
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
July 15, 2013, previously published on July 11, 2013In Asia, we have been seeing more strata-sale of hotels by property developers in recent years. This usually involves a developer selling hotel units to individual purchasers who then put the hotel units back into the hotel inventory to be rented out to third-party guests. Such individual...
|The "Effective Vindication" Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant|
Stephen A. Fogdall, Christopher A. Reese; Schnader Harrison Segal & Lewis LLP;
July 5, 2013, previously published on July 2013On June 20, 2013, the U.S. Supreme Court, in American Express Co. v. Italian Colors Restaurant, No. 12- 133, held that the Federal Arbitration Act (FAA) requires courts to enforce a contractual waiver of class action procedures in an arbitration clause, even where the practical effect of such a...
|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...