U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth the Wait

By John Lewis on June 21, 2013 Posted in Arbitration

This blog post was co-authored by: Dustin Dow The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential recovery. Writing for a 5-3 majority of the Court, Justice Antonin Scalia ruled in American … Continue Reading

Second Circuit Declines En Banc Review in AMEX Arbitration Agreement Case: A Donnybrook Over Class Action Waivers and Vindication of Federal Statutory Rights

By John Lewis on June 5, 2012 Posted in Arbitration

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. Largely based on an expert’s affidavit, the panel concluded that “the only economically feasible means for Plaintiffs enforcing their statutory rights is … Continue Reading

In Re American Express Merchants’ Litigation

By John Lewis on February 6, 2012 Posted in Uncategorized

The Third Time is Not a Charm as the Second Circuit Again Holds Class Action Waivers Unenforceable The Second Circuit considered the validity of class action waivers for the third time in an antitrust action brought against American Express (“AMEX”) based upon the company’s Card Acceptance Agreement. And, despite intervening Supreme Court opinions, for the … Continue Reading