Amex Oral Arguments Reveal Hope For Consumers

Law360, New York (August 27, 2013, 11:35 AM EDT) -- On June 20, 2013, the U.S. Supreme Court issued its opinion in American Express Co. et al. v. Italian Colors Restaurant, once again defining the bounds of what is appropriate in an arbitration agreement. In a 5-3 decision (Justice Sonia Sotomayor abstained), the Supreme Court appeared to further erode protections available for consumers who believe that they have been victimized by one-sided, unfair arbitration agreements. However, comments by the justices during oral arguments leave some hope for consumers.

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