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Supreme Court appears split on enforceability of antitrust class action waivers

Bryan Cave LLP
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USA
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March 1 2013

On February 27, 2013, the Supreme Court heard oral arguments in In re American Express Merchants' Litigation, No. 12-133 (cert. Granted November 9

General counsel update

Herbert Smith Freehills LLP
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China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
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July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Financial services report, spring 2012

Morrison & Foerster LLP
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USA
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April 2 2012

A huge solar storm hit this winter, dumping enough energy in two days to power every residence in New York City for two years

Second Circuit holds a class action waiver provision in an arbitration agreement is unenforceable under the Federal Arbitration Act because it deprived plaintiffs of a remedy under the antitrust laws

Baker & McKenzie
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USA
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March 27 2012

For the third time in this case, the Second Circuit found the class action waiver provision in the agreements between Defendants American Express Company and American Express Travel Related Services Company (together, "Amex") and Plaintiff merchants to be unenforceable under the Federal Arbitration Act ("FAA"), 9 U.S.C. 1 et seq

Second Circuit denies enforcement of arbitration agreement’s antitrust class action waiver

Orrick Herrington & Sutcliffe LLP
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USA
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March 20 2012

In In re American Express Merchants’ Litigation (2d Cir. Feb. 1, 2012), a purported Sherman Act Section 1 class action brought by merchants against American Express, the Second Circuit ruled that American Express could not enforce an arbitration agreement containing a class action waiver provision (i.e., a provision which forbids the parties from pursuing anything other than individual claims in the arbitral forum

Third time not a charm for class action waivers in 2nd Circuit

Ballard Spahr LLP
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USA
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February 3 2012

Revisiting its opinion in Italian Colors Restaurant v. American Express Travel Related Services Co. for the third time, the Second Circuit held on February 1, 2012 that a class action waiver in an arbitration agreement cannot be enforced if it would effectively preclude the assertion of federal antitrust claims

Search results

Supreme Court appears split on enforceability of antitrust class action waivers

General counsel update

Financial services report, spring 2012

Second Circuit holds a class action waiver provision in an arbitration agreement is unenforceable under the Federal Arbitration Act because it deprived plaintiffs of a remedy under the antitrust laws

Second Circuit denies enforcement of arbitration agreement’s antitrust class action waiver

Third time not a charm for class action waivers in 2nd Circuit

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