2nd Circ. Won't Rehear Ernst & Young Class Waiver Fight
By Ben James
Law360, New York (October 16, 2013, 2:16 PM ET) -- The Second Circuit rejected a rehearing petition Tuesday from a former Ernst & Young LLP employee who challenged an arbitration agreement barring her from pursuing a Fair Labor Standards Act collective action, leaving intact a prior ruling that class waivers can be enforced in FLSA suits.
The appeals court shot down Stephanie Sutherland's August 23 petition for panel rehearing, or rehearing en banc, in a short order. The rehearing bid challenged an Aug. 9 panel ruling in Ernst & Young's favor, which overturned a lower court's refusal to...