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Enforcing Class Action Waiver Provisions

Law360 (February 11, 2009, 12:00 AM EST) -- On Jan. 30, 2009, the Second Circuit invalidated a class action waiver provision in an arbitration agreement.

The Second Circuit, in consolidated antitrust actions captioned In re American Express Merchants' Litigation, ___ F.3d ___, No. 06-1871, 2009 WL 214525 at *14 (2d Cir. 2009), held that even though the antitrust laws provide for recovery of attorneys fees the plaintiffs established that the cost of economic experts to bring their antitrust claims in individual actions would be prohibitively high, such that enforcement of the class action waiver...
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