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HTMLTip Pooling Clarified by New York's Top Court
Tiffany Ma; Clifton Budd DeMaria LLP;
Legal Alert/Article
July 5, 2013
The 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...

 

Adobe PDFSupreme Court’s American Express Decision Further Strengthens Employers’ Ability to Enforce Class Action Arbitration Waivers
Alston Bird LLP;
Legal Alert/Article
July 4, 2013, previously published on July 2, 2013
The 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...

 

Adobe PDFDecision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable
Patterson Belknap Webb Tyler LLP;
Legal Alert/Article
July 3, 2013, previously published on June 2013
In 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.

 

HTMLSupreme Court Further Affirms the Right to Enforce Arbitration Agreements, Including Class Action Waivers
Downey Brand LLP;
Legal Alert/Article
July 3, 2013, previously published on July 2013
Italian 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...

 

HTMLToo 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;
Legal Alert/Article
July 1, 2013, previously published on June 24, 2013
The 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....

 

Adobe PDFSupreme 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;
Legal Alert/Article
June 26, 2013, previously published on June 20, 2013
Earlier 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...

 

HTMLGood News for Employers: Supreme Court Approves Class-Action Arbitration Waiver
Hinshaw Culbertson LLP;
Legal Alert/Article
June 26, 2013, previously published on June 25, 2013
In 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...

 

Adobe PDFArbitration 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;
Legal Alert/Article
June 26, 2013, previously published on June 21, 2013
The 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...

 

HTMLClass Action Waivers in Arbitration Agreements Are Enforceable Even in Cases Involving “Small Dollar” Claims
Derek T. Teeter; Husch Blackwell LLP;
Legal Alert/Article
June 25, 2013, previously published on June 24, 2013
Recently, 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...

 

HTMLSupreme Court Upholds Class-Action Waivers in Antitrust Action in American Express Co. v. Italian Colors Restaurant
Drinker Biddle Reath LLP;
Legal Alert/Article
June 24, 2013, previously published on June 20, 2013
The 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...

 


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