Statutory Rights

News & Analysis as of

Spokeo v. Robins: The Case That Has Silicon Valley Buzzing, Even Though Plaintiffs Likely Don’t Have a Leg To “Stand” On

On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo v. Robins and will soon decide whether a plaintiff must allege more than just the bare violation of a federal statute in order to invoke Article...more

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under...

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to...more

Tips for Suspending Work for Non-Payment without Getting Fired

All work and no pay making you crazy? A temporary suspension of work may be an appropriate self-help remedy for an owner’s or contractor’s non-payment. Although termination of the contract for the material breach of...more

Alabama Legislature Passes Bill Protecting Lenders’ Rights When Redeeming Property

Before concluding its legislative session, the Alabama Legislature passed a bill that provides a lender additional protection when a lender is forced to redeem property due to its borrower’s failure to pay property taxes on...more

The U.S. Supreme Court Ended the Term with an Exclamation Mark at the End of Its Statement on Class Actions and Arbitration: The...

The Supreme Court’s October 2012 Term could rightly be named “The Year of the Class Action.” The High Court received many petitions for review and ultimately issued more than five decisions that tackled issues impacting the...more

Class Action Defense Cases – American Express v. Italian Colors: United States Supreme Court Reverses Second Circuit Refusal To...

Plaintiffs – a group of merchants who accept American Express cards – filed a putative class action against American Express alleging of the Sherman Act and seeking treble damages under the Clayton Act; the class action...more

Massachusetts Supreme Judicial Court Invalidates Class Action Waiver in Arbitration Provision

Addressing an important issue that the U.S. Supreme Court will decide in the next few weeks, the Supreme Judicial Court of Massachusetts has held that a court may invalidate an arbitration agreement that contains a class...more

Check Your Arbitration Agreements After New Washington Supreme Court Case

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the...more

The Southern District Sends FLSA Claims To Arbitration

A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s...more

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

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