Federal Law News

Arbitration Agreement included with Mailed Credit Card

Arbitration Compelled! Court (Again) Rejects Claim that Party Did not Agree to Arbitration Because, Well, the Party DID Agree to Arbitration!

Brent Owen

The Federal Arbitration Act has been around for almost 100 years. It requires courts to “rigorously enforce” arbitration agreements—on equal footing as any other contract. Yet parties often try to avoid rigorous enforcement....

Simmons v. Trans Express FLSA New York Labor Law Violations

Small Claims Court Recovery Barred Subsequent FLSA and State Law Pay Claims, Second Circuit Holds

Jeffrey W. Brecher & Justin R. Barnes

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a plaintiff’s Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) overtime pay claims in federal court, after she previously had...

Peaky Blinders Liquor Branding Litigation

Whiskey’s Good Proofing Water, But It Doesn’t Tell You Who the Real Peaky Blinders Are

Yinfei Wu & Margaret A. Esquenet

Thomas Shelby, the lead character in the British period crime drama Peaky Blinders, said, “Whisky is good proofing water. Tells you who’s real and who isn’t.” But a federal court in California disagreed in a recent...

California Breyers’ Natural Vanilla Ice Cream

CA Judge Denied Vanilla Ice Cream Class Certification

Food and Drug Law at Keller and Heckman

On October 27, a California federal judge denied certification to a proposed class of consumers who were allegedly misled by Unilever’s marketing of Breyers’ Natural Vanilla ice cream. As previously ...

Beer Dispute Still Brewing: Federal Circuit Ruling Leaves Fate of BROOKLYN BREW SHOP Mark Partially Undecided

Mary Kate Brennan

In Brooklyn Brewery Corp. v. Brooklyn Brew Shop, LLC, No. 20-...

The Trademark Blues: TTAB Proceedings Do Not Preclude Subsequent Infringement Lawsuits

Gene Markin

Beasley. v. Howard is a tale of two musicians fighting over the rights to their band name. 14 F.4th 226 (3d Cir. 2021). In 1969, David Beasley (“Beasley”) founded the Camden, New Jersey-based band “The Ebonys.”...

DOL Formally Reinstates ‘20%’ Rule, Adds ‘30-Minute’ Rule Setting Limits on Tip Credit Use

Justin R. Barnes & Jeffrey W. Brecher

On October 28, 2021, the U.S. Department of Labor (DOL) issued a ...

Massive Ringless Voicemail Class Action Allowed to Proceed in State Court After Federal Dismissal for Lack of Standing

Eric J. Troutman

Here’s another one of those “the Czar is always right” sort of stories. Turn away if you don’t want to hear about it.

So you’ll remember the story from about a year ago where a Defendant was let “off...

State Law News

Court of Chancery Allows LLC’s Breach of Fiduciary Duty, Aiding and Abetting, and Breach of Contract Claims to Proceed, but Not Fraud

Justin H. Roeber

In Largo Legacy Group, LLC v. Evens Charles et al., C.A. No. 2020-0105-MTZ (Del. Ch. June 30, 2021), the Delaware Court of Chancery denied a motion to dismiss brought by defendants against Plaintiff Largo Legacy Group...

actions of the Stockholders’ Representative

As the Battle over the Universata Acquisition Rages, the Chancery Court Finds that the Appropriate Standard of Review Regarding Actions of a Stockholders’ Representative is “Subjective Good Faith”

Gregory R. Youman & Scott G. Ofrias

As the battle over the acquisition of equity in Universata, Inc. continues, the Court of Chancery, in ...

Pennsylvania Immigrant Detention Center Biden Admin Clearfield County ICE

Biden Administration to Open New For-Profit Immigrant Detention Center in Pennsylvania

Raymond G. Lahoud

After Pennsylvania’s York County prison dissolved its contract with Immigration Customs and Enforcement (ICE) in August, it was announced that a new...

New York SB S2766C Construction Wage Theft

Time Is Money: A Quick Wage-Hour Tip on … New York’s New Rule on Contractors’ Liability for Subcontractor Employee Wages

Edward M. Yennock

The doctrine “joint employer” liability has received significant attention in recent months, including on this blog. Under the Fair Labor Standards Act, an employee may be deemed to have multiple employers—each of whom would be...