High Court May Close Class Waiver Loophole In AmEx Case

Law360, New York (November 13, 2012, 10:47 PM EST) -- The U.S. Supreme Court's Friday decision to weigh the enforceability of an arbitration agreement containing a class action waiver in a federal antitrust case against American Express Co. could give the justices an opportunity to build on their recent pro-arbitration rulings by closing a loophole plaintiffs can use to void such deals, attorneys say.

In the AmEx case, the Second Circuit ruled in February that despite the Supreme Court's stance in favor of upholding arbitration agreements in AT&T Mobility v. Concepcion, the credit card giant's agreement...
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