WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard
oral arguments Nov. 5 on "[w]hether a district court may certify a class action
without resolving whether the plaintiff class has introduced admissible
evidence, including expert testimony, to show that the case is susceptible to...
WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx)
told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second
Circuit U.S. Court of Appeals erred in ruling that a mandatory class action
waiver clause in AmEx's standardized service contract violated the Federal
In a much-anticipated decision,
the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment
settlements of Hatch-Waxman Act litigation are neither immune from antitrust
liability nor presumptively unlawful, but rather must be analyzed under the
rule-of-reason standard on a case-by-case basis...
WASHINGTON, D.C. - (Mealey's) A mandatory class action
waiver clause in American Express Co.'s (AmEx) standardized service contract is
enforceable under the Federal Arbitration Act (FAA), even if the cost of
individual arbitration of merchants' antitrust claims is prohibitively high,
Today the United States Supreme Court issued its
opinion in American
Express Co. v. Italian Colors Restaurant [ an enhanced version of this opinion is available to lexis.com
subscribers ], holding that courts may not
invalidate a contractual waiver of class arbitration simply because the
by Leo Caseria and David Garcia
The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual...