AmEx Can't Bar Merchants' Class Action: 2nd Circ.

Law360, New York (March 8, 2011, 6:38 PM EST) -- The Second Circuit upheld its decision Tuesday on remand from the U.S. Supreme Court that a class action waiver provision in a contract between merchants and American Express Co. does not prevent the merchants from collectively pursuing antitrust claims in court.

The U.S. Court of Appeals for the Second Circuit held that the high court's decision in Stolt-Nielsen SA v. Animalfeeds International Corp. did not require it to alter its January 2009 ruling the question of the enforceability of the AmEx class action waiver was an...
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