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|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...
|Clean-Up in Aisle 9: Ninth Circuit Finds Ralphs Grocery Company’s Arbitration Policy Unconscionable Under State Law Not Preempted by the Federal Arbitration Act|
Theodore T. Eidukas; Foley & Lardner LLP;
November 7, 2013, previously published on November 4, 2013As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility LLC v. Concepcion, the Supreme Court held that a rule making class waivers...
|The Bellagio Gambles on “Use” Under Canadian Trade-mark Law and Loses|
Paul W. Donovan; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
October 31, 2013, previously published on October 28, 2013An administrative decision of the Trade-marks Opposition Board confirms that a trade-mark owner will not be able to prove use of a trade-mark in association with services unless the owner performs or is prepared to perform those services in Canada.
|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...
|Alberta Liquor Licensees and Suppliers Beware|
Roland Hung, Kara L. Smyth; McCarthy Tétrault LLP;
October 29, 2013, previously published on October 25, 2013The Alberta Gaming and Liquor Commission (“AGLC”) has recently increased enforcement to ensure that Liquor Agents, Liquor Suppliers and Liquor Licensees are complying with provisions respecting inducements. The industry should be aware that years of adopted practices and interpretations...
|Ontario Court Rules there is No “Material Change” Where the Franchisee Had Knowledge of Changes|
Stefanie Holland; Cassels Brock & Blackwell LLP;
October 17, 2013, previously published on October 2013In 1201059 Ontario Inc. and Pizza Pizza Limited, the Ontario Superior Court of Justice addressed the disclosure obligations of a franchisor in the context of the renewal of a franchise agreement when the franchisee is required to incur substantial renovation costs to its business premises. In this...
|Recent Decisions Enforcing Arbitration Provisions|
Angela L. Beblo, Brienne T. Marco, Sarah B. Smith; Spilman Thomas & Battle, PLLC;
October 15, 2013, previously published on October 10, 2013For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the way arbitration clauses are enforced. In June, the West Virginia Supreme...
|Ninth Circuit Holds that a Properly Structured Voluntary Rental Program Offering Does Not Convert Hotel Condominium Units into Securities|
Richard F. Davis; Greenberg Traurig, LLP;
September 30, 2013, previously published on September 27, 2013In a case involving the offering of 450 condominium hotel units and a rental program at the Hard Rock Hotel in San Diego, California, the Ninth Circuit Federal Court of Appeals found in favor of the sponsor and upheld the real estate purchase and sale agreements as just that, a real estate contract...
|Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer's U. S. Sister Company|
Celia M. Joseph; Fisher & Phillips LLP;
September 26, 2013, previously published on September 20, 2013In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister affiliate in St. Maarten, Netherlands Antilles. On August 7, 2013, in...
|Sixth Circuit Affirms 'Dirtiest Hotel' Defamation Ruling|
Jeffrey D. Neuburger; Proskauer Rose LLP;
September 25, 2013, previously published on September 23, 2013We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus was not actionable under Tennessee defamation law....