High Court's AmEx Ruling Sinks NLRB Defense: DR Horton

Law360, New York (June 25, 2013, 2:33 PM EDT) -- D.R. Horton Inc. told the Fifth Circuit on Monday that a recent U.S. Supreme Court decision in an antitrust case against American Express Co. torpedoed the National Labor Relations Board's defense of its decision that mandatory arbitration agreements barring class actions violate labor law.

The homebuilder said in a letter to the appeals court that the high court's June 20 AmEx decision — which said the Federal Arbitration Act does not allow courts to invalidate a class waiver because the plaintiff's cost of individually arbitrating a...
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