2nd Circ. OKs NY Class In Waiters’ Tips Suit

Law360, New York (September 26, 2011, 5:39 PM EDT) -- The Second Circuit on Monday rejected Smith & Wollensky Restaurant Group Inc.'s argument that opt-out state law class claims and opt-in collective action claims from waiters shouldn't be allowed to coexist in a suit over allegedly illegal tip practices, affirming a lower court's class certification ruling.

Appellants Smith & Wollensky and Fourth Walls Restaurant LLC took aim at U.S. District Judge Miriam Goldman Cedarbaum's January 2010 decision to exercise supplemental jurisdiction over the plaintiffs' New York Labor Law claims and grant class certification under Federal Rules...
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