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Class Action Waiver, Arbitration Agreements, And The American Express Litigation

By Sheppard Mullin Richter & Hampton LLP Excerpt: On February 1, 2012, the Second Circuit Court of Appeals decided In re American Express Merchants' Litigation , No. 06-1871-cv, (2d Cir. Feb. 1, 2012) (" AMEX III ") [ an enhanced version of this opinion is available to lexis.com...

Ballard Spahr LLP: Concepcion Mandates Individual Arbitration Even When Statutory Rights Cannot Be Vindicated, 3rd Circuit Holds

By the Consumer Financial Services Group The U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion , 131 S. Ct. 1740 (2011) [ enhanced version available to lexis.com subscribers ], obligates courts to compel individual arbitration even where the plaintiff has proven that doing so...