Concepcion Doesn't Bar AmEx Antitrust Class Action: 2nd Circ.

Law360, New York (February 1, 2012, 4:39 PM EST) -- The Second Circuit on Wednesday ruled that American Express Co. cannot enforce an arbitration agreement containing a class action waiver against a group of merchants pursuing antitrust claims despite the U.S. Supreme Court's recent ruling in AT&T Mobility v. Concepcion.

The appeals court found that Concepcion — in which the Supreme Court concluded that the Federal Arbitration Act preempted state laws barring the enforcement of class action waivers — did not require it to overturn its finding that the arbitration clause in AmEx's contract with merchants...
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