2nd Circ. Takes Smith & Wollensky Tip Suit Appeal

Law360, New York (May 17, 2010, 1:43 PM EDT) -- A federal appeals court could be poised to weigh in on whether opt-in collective action claims and opt-out state law class claims can coexist in the same case, after allowing Smith & Wollensky Restaurant Group Inc. to challenge a class certification ruling in a suit alleging illegal tip policies and practices.

The U.S. Court Of Appeals for the Second Circuit granted Smith & Wollensky and Fourth Walls Restaurants LLC's petition for leave to appeal a decision that certified a class of current and former Park Avenue...
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