Daily Dicta: What do Fish, Eggs and This Lawsuit Have in Common? They Don't Get Better With Age
What's (still) wrong with an antitrust suit targeting restaurants that include the tip in the price of the food--Plus Skadden securities litigators score again and Schulte Roth wins one for Reed Smith.
April 04, 2018 at 01:43 PM
10 minute read
The original version of this story was published on Litigation Daily
Remember the antitrust suit about restaurant tipping that I mercilessly mocked? There's now an amended complaint—and it's still bad.
In October, plaintiff's lawyer David Lavine of the Law Offices of Andrew Wolff sued prominent restauranteurs in California federal court, alleging an antitrust conspiracy that “unlawfully transfers millions of dollars from customers and servers to restaurant owners in violation of federal and state antitrust laws.”
According to Lavine, it's a per se unreasonable restraint of trade when a restaurant includes the tip in the menu price of the food.
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