Questioning Class Action Waivers

Law360, New York (April 13, 2011, 1:29 PM EDT) -- Litigants who wish to pursue class litigation for damages incurred by alleged antitrust violations may find themselves confronting contractual waiver clauses that prohibit such lawsuits.

The Second Circuit’s recent decision in In re American Express Merchants’ Litig., addressed the enforceability of mandatory class action waiver clauses and the availability of class action lawsuits as a vehicle for defending federal statutory rights in one such case. Nat’l Supermarkets Assoc. v. Am. Express Travel Related Servs. Co. (In re Am. Express Merchants’ Litig.), No. 06-1871-cv, 2011 U.S. App....
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