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|Second Circuit Enforces Collective/Class Action Waiver and Upholds Mandatory Arbitration Agreements|
Evan B. Citron, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 23, 2013, previously published on August 19, 2013A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers. Sutherland v. Ernst & Young LLP, which the Second Circuit Court of Appeals decided on August 9, fortifies an employer’s ability to use individual arbitration agreements to avoid wage and...
|FTC Seeks to File (Again) Amicus Brief in EFFEXOR XR “No-AG” Agreement Antitrust Case; Plaintiffs in Similar LAMICTAL Case Seek Reconsideration of Dismissal|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
August 22, 2013, previously published on August 20, 2013Late last week, the Federal Trade Commission (“FTC”) announced that it had filed a motion asking the U.S. District Court for the District of New Jersey to accept an amicus brief in In re Effexor XR Antitrust Litigation concerning the application of the U.S. Supreme Court’s June...
|California Appellate Court Extends Employer Liability for Harm Caused by Intoxicated Employees|
Nathan J. Hochman, Daniel A. Saunders; Bingham McCutchen LLP;
August 21, 2013, previously published on August 20, 2013Breaking with the law in a number of other states, a California appellate court recently held that employers may be held liable for deaths or injuries resulting from alcohol consumed at an employer-hosted party, even if the injury occurs after the employee has safely arrived home. Purton v....
|Former Employee Successfully Disavows FLSA Settlement|
Edward N. Boehm; Fisher & Phillips LLP;
August 20, 2013, previously published on August 16, 2013The Eleventh Circuit U.S. Court of Appeals (with jurisdiction over Alabama, Florida, and Georgia) recently expanded the court's 1982 ruling in Lynn's Food Stores, Inc. v. U.S. limiting the settlement of claims under the federal Fair Labor Standards Act. Lynn's Foods said that such settlements...
|Are Delay Damages Lienable?|
Amanda Parker Baggett; Rogers Towers, P.A.;
August 17, 2013, previously published on August 14, 2013The old adage “time is money” is truer perhaps in the construction industry than anywhere else. Delays can cause significant economic damages for everyone involved on a construction project. But are those delay damages lienable? It depends.
|Trademark Board Cancels "Annapolis Tours"|
Timothy J. Lockhart; Willcox & Savage, P.C.;
August 17, 2013, previously published on Summer 2013Finding the mark ANNAPOLIS TOURS to be descriptive of “conducting guided tours of historic districts and other areas of cities” despite the registrant’s claim of acquired distinctiveness, the U.S. Trademark Trial and Appeal Board (TTAB) has ordered cancellation of the registration...
|Attention Restaurant Operators: The Perishable Agricultural Commodities Act May Apply To You|
Scott N. Opincar; McDonald Hopkins LLC;
August 15, 2013, previously published on August 14, 2013Both sellers and buyers of perishable agricultural commodities need to be careful to comply with PACA’s rules and regulations. Directors and officers of buyers of perishable agricultural commodities subject to PACA must be aware of their fiduciary duties in order to avoid potential individual...
|Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable|
Flyn Flesher, Christopher C. Murray; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 14, 2013, previously published on August 12, 2013In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United Statesthat employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised by the U.S. Secretary of Labor, or (2) a court enters a...
|Employer May be Liable for Injury Caused by Employee Who Drank Too Much at Company Party, California Court Rules|
Jackson Lewis P.C.;
August 12, 2013, previously published on August 8, 2013An employer could be held liable for its employee’s off-duty accident as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment, the California Court of Appeal has held, reversing summary judgment in favor of the employer. Purton v....
|FTC v. Wyndham: Wyndham Calls for Back-Up|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 7, 2013, previously published on August 5, 2013It appears that Wyndham Hotel & Resorts LLC (“Wyndham”) has received reinforcements in its defense against the Federal Trade Commission’s (the “FTC”) case. A federal judge has agreed to allow the U.S. Chamber of Commerce and several other organizations to file an...