Saturday, June 22, 2013
Supreme Court upholds contractual waiver of class arbitration
[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-3 Thursday in American Express Co. v. Italian Colors Restaurant [SCOTSblog backgrounder] that the Federal Arbitration Act (FAA) [text] does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff's cost of individually arbitrating a federal statutory claim exceeds the potential recovery. The plaintiffs in the case are several retail businesses that have accepted American Express charge cards. They argue that American Express's...
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