Tag Archives: amex

Second Circuit Enforces Class Action Waiver in FLSA Case Under AMEX

Photo of John LewisBy John Lewis on Posted in Class Action Trends, Employment
Editors’ Note:  This post was previously published on Baker’s Employment Class Action blog, and is reprinted with permission. The Sutherland v. Ernst & Young case raised a now familiar question and the Second Circuit gave an answer in keeping up with recent U.S. Supreme Court precedent.  The question was whether an employee could invalidate a … Continue Reading

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

Photo of John LewisBy John Lewis on Posted in Antitrust, Arbitration, Class Action Trends
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

AMEX Seeks Supreme Court Review of Class Arbitration Waiver Decision

By Jeanine Conley on 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

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

Class Arbitration: Second Circuit Declines to Enforce Class Arbitration Waiver

By Deborah Renner on 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
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