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American Express Co. v. Italian Colors Restaurant: a class action waiver in an arbitration agreement will be strictly enforced under the Federal Arbitration Act

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • June 25 2013

The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver

In re American Express Merchants' Litigation - plaintiffs survive three rounds in the Second Circuit, but can they survive the Supreme Court?

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 7 2012

On February 1, 2012, the Second Circuit Court of Appeals decided In re American Express Merchants' Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012) ("AMEX III"), holding, for the third time, that a class action waiver in an arbitration agreement between American Express and plaintiff merchants was unenforceable because it would effectively preclude plaintiffs from vindicating their federal statutory rights under the Sherman and Clayton Acts