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On February 1, 2012, a two-judge panel of the Second Circuit reaffirmed its holding in an antitrust action brought against American Express (“AMEX”) that class action waivers involving federal statutory rights were unenforceable
On April 27, 2010, in a 5-3 ruling, the Supreme Court held that an arbitration agreement that was silent as to whether it provided for class arbitration could not be construed to require the parties to submit to class arbitration
