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: How Appealing

"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"

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"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 by removing the plaintiffs' only reasonably feasible means of recovery." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today in a case captioned In re: American Express Merchants' Litigation.

Full post as published by How Appealing on January 30, 2009 (boomark / email).

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