Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
Muriithi v. Shuttle Express, Inc., 712 F.3d 173 (4th Cir. 2013)
In a recent case involving three different challenges to an arbitration clause in a franchise agreement, the U.S. Court of Appeals for the Fourth Circuit held that the arbitration clause was enforceable despite the agreement's inclusion of (1) a class-action waiver, (2) a fee-splitting clause, and (3) a one-year limitations provision.
In Muriithi v. Shuttle Express, Inc., 712 F.3d 173 (4th Cir. 2013), the plaintiff, Samuel Muriithi, was a driver for defendant Shuttle Express, a shuttle service operating in the area of the Baltimore/Washington International Thurgood Marshall Airport. Muriithi filed suit in federal court against Shuttle Express, asserting claims under the federal Fair Labor Standards Act (FLSA) and under Maryland law. He alleged that in 2007 Shuttle Express had induced him to sign a "Unit Franchise Agreement" based on misrepresentations about his compensation and further alleged that the franchise agreement wrongly classified him as an "independent contractor" or "franchisee" instead of an "employee." Muriithi sought to bring the claims as a class action against Shuttle Express.
Shuttle Express moved to dismiss the complaint for failure to state a claim or, in the alternative, to compel arbitration under the Federal Arbitration Act, 9 U.S.C. § 4, based on the following arbitration clause in the parties' franchise agreement:
Except as provided below, any controversy arising out of this Agreement shall be submitted to the American Arbitration Association at its office in or nearest to Baltimore, Maryland, for final and binding arbitration in accordance with its commercial rules and procedures which are in effect at the time the arbitration is filed.Id. at *3-4. As noted, the agreement also contained a class-action waiver, a fee-splitting clause, and a one-year limitations provision.
Mark Salah Morgan authored an article, "Strengthening Egypt's IP Laws Could Help Fight Brain Drain," which was published in Law360.
On January 30, Jed Davis will speak at The Knowledge Group Webcast, "Best Strategies in Protecting Your Firm Against Hackers: What Hackers Can and Cannot Do?"
On April 29, Paul Halasz will speak at a NJBA Special Seminar, "New Jersey Consumer Protection Laws and the Building Industry: Understanding and Protecting Against the Risk." This seminar will focus on two of the most significant statutes impacting the building industry, and those who supply products to consumers in residential construction: the Consumer Fraud Act (CFA) and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).
Paul Halasz wrote an article, "Ascertaining When a Dealership or Distributorship is Subject to the NJFPA," forNew Jersey Lawyer Magazine. The article is about whether a relationship between a supplier and its distributors is subject to the dictates of the New Jersey Franchise Practices Act, and how these arrangements could be critical to an enterprise facing major business challenges.
Stamford, Conn., August 24, 2015 - Day Pitney is pleased to announce that 68 attorneys have been selected for inclusion in the 2016 Best Lawyers in America. Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983.
Paul Halasz and Namita Shah were quoted in the article, "What You Need To Know As A Summer Associate," in Law360. They offered summer associates advice such as exploring different practice areas, networking and to treat each assignment as though it was work for a client.
This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.
This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.