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Expert Analysis

What The High Court's AmEx Ruling Means For Corporations

Law360, New York (June 20, 2013, 6:11 PM EDT) -- The U.S. Supreme Court's decision in American Express Co. v. Italian Colors Restaurant continued a line of recent cases upholding arbitration agreements that deny the right to class action litigation. The 5-3 ruling, which reversed a Second Circuit opinion, held that an explicit congressional command is required to override the Federal Arbitration Act's mandate in favor of arbitration agreements. The court also ruled that the effective vindication of the federal statutory rights exception to the enforcement of arbitration clauses is a narrow, textually based exception. ...

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