Tag Archives: concepcion

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

Co-author: Dustin Dow Editors’ Note: This post was originally published on Baker’s Employment Class Action blog, www.employmentclassactionreport.com, and is reprinted with permission. 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. … Continue Reading

Supreme Court Hears AMEX Class Arbitration Case

By Deborah Renner on March 14, 2013 Posted in Arbitration

Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133. The case stems from the Second Circuit’s February 1, 2012 decision that American Express (“AMEX”) could not compel a putative class of merchants to arbitrate their … Continue Reading

Class Arbitration Waivers: Supreme Court to Hear AMEX Case

By Deborah Renner on November 19, 2012 Posted in Antitrust, Arbitration, Class Action Trends

On November 9, 2012, the Supreme Court granted certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133, on the following question: “Whether the Federal Arbitration Act permits courts, invoking the ‘federal sustantive law of arbitrability,’ to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.” … Continue Reading

AMEX Seeks Supreme Court Review of Class Arbitration Waiver Decision

By Jeanine Conley on August 20, 2012 Posted in Arbitration, Class Action Trends

American Express Co. (“AMEX”) filed a petition for certiorari on July 30, 2012 after a Second Circuit panel ruled for the third time that the company could not enforce an arbitration agreement containing a class action waiver against a putative class of merchants who pursued antitrust claims. American Express Co. v. Italian Colors Restaurant, No. … 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 Antitrust, Arbitration, Class Action Trends

Editors’ Note: This post is a joint submission to Baker’s Class Action Lawsuit Defense and Employment Class Action blogs. 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 … Continue Reading

Interview With Professor Mary Kay Kane

By Deborah Renner on May 8, 2012 Posted in Class Action Trends

Co-authored by: Matt Moody Editor’s note: This post is the first in a series of posts from the Class Action Lawsuit Defense Blog’s interview with Mary Kay Kane, former Dean and Chancellor and current Emeritus Professor of Law at the University of California’s Hastings College of the Law. Professor Kane is the author of the … Continue Reading

Third Circuit Distinguishes Stolt-Nielsen and Allows Class Arbitration

By Deborah Renner on April 4, 2012 Posted in Arbitration, Class Action Trends

Despite all the predictions that class arbitration would be a thing of the past in the aftermath of the Supreme Court’s decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010), courts continue to distinguish Stolt-Nielsen and allow class arbitration. In Sutter v. Oxford Health Plans LLC, 2012 WL 1088887 (3d Cir. … Continue Reading

Class Arbitration: Second Circuit Declines to Enforce Class Arbitration Waiver

By Deborah Renner on February 2, 2012 Posted in Arbitration

Recent Supreme Court holdings appeared to have established that class action waivers in arbitration clauses were enforceable. However, the Second Circuit, finding that recent jurisprudence inapplicable, held otherwise. On February 1, 2012, the Second Circuit yet again reaffirmed its decision that American Express could not compel a putative class of merchants to arbitrate their antitrust … Continue Reading

Class Arbitration: Supreme Court Holds That FAA Pre-Empts California Law on Unconsciounability of Arbitration Provisions

By Deborah Renner on January 2, 2012 Posted in Arbitration

In determining that the Federal Arbitration Act (“FAA”) preempted a California rule that rendered most class action waiver provisions in consumer arbitration agreements unconscionable, the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) shed doubt on the continued viability of the class action device in the arbitration context. Reasoning that … Continue Reading