AmEx's Class Action Waiver Is Unenforceable, 2nd Circuit Reaffirms

NEW YORK - Following the U.S. Supreme Court's ruling in AT&T Mobility LLC v. Concepcion, the Second Circuit U.S. Court of Appeals on Feb. 1 affirmed its prior holding that a mandatory arbitration clause in American Express Co.'s (AmEx) standardized service contract violated the Federal Arbitration Act (FAA) (In re: American Express Merchants' Litigation [Italian Colors Restaurant, et al. v. American Express Travel Related Services Company, et al.], No. 06-1871-cv, 2nd Cir.; 2012 U.S. App. LEXIS 1871). Full story on lexis.com