Split 2nd Circ. Won't Review Amex Antitrust Arbitration Suit

Law360, New York (May 29, 2012, 5:15 PM EDT) -- The Second Circuit declined Tuesday to review a ruling that American Express Co. could not enforce an arbitration clause requiring merchants to waive class action rights in making antitrust claims, despite some circuit judges' arguments that it goes against the Federal Arbitration Act.

The appeals court denied AmEx's request for an en banc review of a Feb. 1 ruling that found the U.S. Supreme Court's recent decision in AT&T Mobility v. Concepcion — in which the high court concluded that the Federal Arbitration Act preempted state...
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