Law360, New York (August 06, 2012, 10:32 PM ET) -- 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...