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|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...
|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...
|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...
|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....
|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...
|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...
|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...