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24 Jun 2013, 7:45 am
That's the same song that is being sung about the Italian Colors Restaurant decision, and my view is the same. [read post]
4 Nov 2014, 6:27 am
made that very claim in a suit against rival pizza-maker Gina’s Italian Kitchen – that by replicating the distinctive taste of its pizza, Gina’s infringed NYP’s trademark. [read post]
11 Jul 2013, 5:31 am
Italian Colors Restaurant (pdf), the Supreme Court held that individuals can waive their right to class proceedings under federal law by agreement. [read post]
20 Jun 2013, 9:42 am
Italian Colors Restaurant, United States Supreme Court (6/20/13)Antitrust & Trade Regulation, Arbitration & Mediation, Class ActionAn agreement between American Express and merchants who accept American Express cards, requires that all of their disputes be resolved by arbitration and provides that there “shall be no right or authority for any Claims to be arbitrated on a class action basis. [read post]
23 Oct 2013, 2:38 pm
Italian Colors Restaurant (2013) 570 U.S. __ (discussed here) does not affect the Court's reasoning. [read post]
10 Mar 2013, 10:04 pm
Italian Colors Restaurant. [read post]
4 Mar 2013, 5:35 am
Italian Colors Restaurant featured a lively discussion between virtually all of the Justices and counsel regarding the circumstances under which a federal antitrust claim can be “effectively vindicated” through arbitration, and whether an arbitration agreement with a class action waiver precludes the effective vindication of federal antitrust claims. [read post]
7 Mar 2013, 8:21 am
Clement (Bancroft PLLC) for Italian Colors Restaurant. [read post]
20 Dec 2012, 5:00 am
Italian Colors Restaurant, No. 12-133. [read post]
11 Feb 2014, 7:35 pm
Italian Colors Restaurant. [read post]
10 May 2013, 6:00 am
Italian Colors Restaurant, will discuss the Supreme Court’s forthcoming decision in that case on arbitration clauses with class action waivers (see my blog post about the AmEx oral argument). [read post]
24 Jun 2013, 12:42 pm
Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. [read post]
20 Jun 2013, 7:20 am
Italian Colors Restaurant: "The Federal Arbitration Act enforces a class action arbitration waiver; cannot defeat the waiver on the ground that individual arbitration is too expensive." [read post]
20 Jun 2013, 8:22 am
Italian Colors Restaurant, (6.20.13) with its decision 10 days ago in Oxford Health Plans v. [read post]
30 Dec 2021, 3:52 pm
Italian Colors Restaurant in finding that the arbitration provision was unenforceable because it prospectively waived Smith’s right to statutory remedies provided by ERISA. [read post]
29 May 2015, 8:35 am
Italian Colors Restaurant, 133 S. [read post]
3 Oct 2012, 5:00 am
Italian Colors Restaurant, No. 12-133 (petition filed 07-30-12) (post-Concepcion) RBS Citizens, N.A. v. [read post]
25 Jun 2013, 9:54 am
Indeed, Justice Thomas makes this very point in his concurrence, just as he did in AT&T Mobility: “Because Italian Colors has not furnished ‘grounds . . . for the revocation of any contract,’ 9 U.S.C. [read post]
27 Oct 2014, 12:01 am
And, given the color claim, detailed below: “THE MARK SHOWN ON THE DRAWING IS LINED FOR THE COLORS BROWN, PINK, WHITE, GREEN AND ORANGE, AND COLOR IS CLAIMED AS A FEATURE OF THE MARK. [read post]
22 Dec 2014, 5:19 am
Italian Colors Restaurant and other cases. [read post]