Stephanie SUTHERLAND, on behalf of herself and all others similarly situated, Plaintiff-Appellee,
v.
ERNST & YOUNG LLP, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: March 20, 2013.
Decided: August 9, 2013.
Attorney(s) appearing for the Case
Rex S. Heinke (Gregory W. Knopp, Katharine J. Galston, Daniel L. Nash, on the brief), Akin Gump Strauss Hauer & Feld LLP, Los Angeles, CA and Washington, DC, for Defendant-Appellant Ernst & Young LLP.
Max Folkenflik (H. Tim Hoffman, Arthur W. Lazear, Ross L. Libenson, Hoffman & Lazear, Oakland, CA, on the brief), Folkenflik & McGerity, New York, NY, for Plaintiff-Appellee Stephanie Sutherland.
P. David Lopez, Lorraine C. Davis, Daniel T. Vail, Paul D. Ramshaw, Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, for Amicus Curiae U.S. Equal Employment Opportunity Commission.
M. Patricia Smith, Steven J. Mandel, Paul L. Frieden, Edward D. Sieger, Dean A. Romhilt, United States Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae United States Department of Labor.
Dan C. Getman, Michael J.D. Sweeney, Lesley Tse, Getman & Sweeney PLLC, New Paltz, NY; Rebecca M. Hamburg, National Employment Lawyers Association, San Francisco, CA, for Amici Curiae National Employment Lawyers Association, the National Employment Law Project, The Employee Rights Advocacy Institute for Law & Policy.
Before: WINTER, CABRANES, and STRAUB, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
The question presented in this appeal is whether an employee can invalidate a class-action waiver provision in an arbitration agreement when that waiver removes the financial incentive for her to pursue a claim under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et seq. In light of the supervening decision of the Supreme Court in American Express Co. v. Italian Colors Restaurant, ___ U.S. ___, 133 S...
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