AmEx Takes Merchant Arbitration Fight To High Court

Law360, New York (August 6, 2012, 10:32 PM EDT) -- American Express Co. has asked the U.S. Supreme Court to reverse a decision barring the company from enforcing an arbitration agreement containing a class action waiver against merchants pursuing antitrust claims, saying the decision created a “sweeping, unwritten loophole” in the Federal Arbitration Act.

AmEx lodged a petition for certiorari with the Supreme Court on July 30, after a divided Second Circuit declined to review the case en banc despite a group of judges issuing a dissent asserting that the panel's ruling went against precedent that...
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