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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
- 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