Lindsey Chopin
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The Second Circuit recently held in Katz v. Cellco P’Ship d/b/a/ Verizon Wireless, Nos. 14-138, 14-291, 2015 WL 4528658 (2d Cir. July 28, 2015) that, under the Federal Arbitration Act (“FAA”), district courts must stay all proceedings upon a finding that the claims before the court are subject to arbitration if a stay is requested. … Continue Reading
On November 13, 2014, the Fifth Circuit addressed the uncertainty stemming from its decision in Owens v. SeaRiver Maritime, Inc., 272 F.3d 698 (5th Cir. 2001), wherein the Court found that a plaintiff’s unloading and loading of vessels was considered “nonseaman” work subject to the Fair Labor Standards Act’s (“FLSA”) overtime requirements. Subsequent to that decision, … Continue Reading
On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the FLSA’s seaman exemption: Finding that unloading and loading of vessels is not strictly “nonseaman” work; Limiting its prior … Continue Reading
Second Circuit: FAA Mandates Stay of Claims Pending Arbitration
By Evandro Gigante, Lindsey Chopin, Nigel F. Telman and Steven Hurd on Posted in Litigation and Arbitration
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute
By Lindsey Chopin, Mark W. Batten and Nicole Eichberger on Posted in Appeals, Class/Collective Action, FLSA, Misclassification
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute
By Lindsey Chopin and Nicole Eichberger on Posted in Litigation and Arbitration, Wage and Hour