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Corporate & Securities Law

: ContractsProf Blog

Second Circuit Again Invalidates Amex Class Action Waiver

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A group of merchant plaintiffs filed an antritrust class action against Amex. Based upon a class action waiver in its mandatory arbitration provision, Amex sought to compel individual arbitration. In February 2009, the Second Circuit (Pooler, Sack and Sotomayor) invalidated...

Full post as published by ContractsProf Blog on March 09, 2011 (boomark / email).

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Amex Class Action Defense Cases–Homa v. American Express: Third Circuit Reverses Dismissal Of Consumer Fraud Class Action Holding Class Action Arbitration Waiver Unenforceable Under New Jersey Law

"We therefore hold that the class action waiver in the Card Acceptance Agreement cannot be enforced in this case because to do so would grant Amex de facto immunity from antitrust liability"

Amex Class Action Defense Cases–In re American Express: Second Circuit Reverses District Court Order Enforcing Class Action Waiver And Compelling Individual Arbitration In Antitrust Class Action

Ninth Circuit voids class action waiver in a consumer contract

"AmEx Cant Bar Merchants' Class Actions, Appeals Court Says":

Ninth Circuit Invalidates Class Arbitration Waiver Clause and Holds that the Invalidation Is Not Preempted by the FAA









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