Tag Archives: Waiver

Supreme Court Hears AMEX Class Arbitration Case

By Deborah Renner on 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

Eighth Circuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

By Jeanine Conley on Posted in Arbitration, Class Action Trends
In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases.  In September 2011, Sharon Owen brought an action on behalf of herself and other current and former employees similarly situated, against her employer, … Continue Reading

Class Arbitration Waivers: Supreme Court to Hear AMEX Case

By Deborah Renner on 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

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

Photo of John LewisBy John Lewis on 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

Seventh Circuit Upholds Lower Court Decision Denying Class Certification in Gender-Based Pay Discrimination Case

By Jeanine Conley on Posted in Class Certification
Contrary to the Seventh Circuit’s recent decision in McReynolds, in which the Court allowed issue certification in the wake of Wal-Mart, in Puffer v. Allstate Insurance Co., No. 11-1273 (March 27, 2012), the Seventh Circuit affirmed a lower court’s ruling denying certification for female employees who claimed that the Allstate Insurance Company’s (“Allstate”) compensation policies … Continue Reading
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