Second Circuit finds class action waiver deprived plaintiffs of antitrust protections *

USA - February 9 2012
Declining to enforce an arbitration clause on the grounds that the class action waiver effectively would preclude plaintiffs from enforcing their rights under the Sherman and Clayton Acts, the Second Circuit distinguished the U.S. Supreme Court’s recent pro-arbitration decisions in Stolt-Nielsen, Concepcion and CompuCredit, and instead relied on Green Tree Financial Corp. and other earlier U.S. Supreme Court decisions.

Co-authors: Roxane A. Polidora, Christine A. Scheuneman, Amy L. Pierce, Nathaniel R. Smith, Brian D. Martin.

In American Needle v. NFL, Supreme Court holds that NFL joint venture is subject to antitrust scrutiny under Section 1 of the Sherman Act *

USA - June 9 2010
In American Needle, Inc. v. National Football League, et al. (560 U.S. __ (2010)), decided May 24, 2010, the Supreme Court held in a unanimous decision authored by Justice Stevens that the National Football League Properties’ exclusive contract with Reebok amounted to "concerted action" by separate entities that warranted scrutiny under Section 1 of the Sherman Act.

Co-authors: Roxane A. Polidora, Marley Degner.