Class Action Litigation Trends Post-Italian Colors

Law360, New York (November 3, 2014, 5:26 PM EST) -- Many practitioners believed the U.S. Supreme Court’s decision enforcing a class action waiver in American Express Co. v. Italian Colors Restaurant[1] spelled the death knell to consumer and employment class action litigation arising out of a contractual relationship. There, the Supreme Court held that a class action waiver was enforceable to preclude an antitrust class action. Supreme Court Justice Elena Kagan summed up the projected impact of American Express in her strongly worded dissent: “The monopolist gets to use its monopoly power to insist on a contract...
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