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American Express Co. v. Italian Colors Rest (US 2013)

Articles Discussing Case:

Supreme Court Rules Class-Action Waivers Are Enforceable—Even if the Cost of Individual Litigation Is Too High

Ogletree Deakins • June 21, 2013
This morning, with Justice Scalia writing for a 5-3 majority, the Supreme Court of the United States ruled that a waiver of class arbitration in a commercial contract is enforceable under the Federal Arbitration Act (FAA), even if the plaintiffs’ cost of individually arbitrating a federal statutory claim exceeds the potential recovery. The Court refused to invalidate the class-action waiver on the ground that pursuit of individual claims would be fiscally impractical. According to the Court, “The class-action waiver merely limits arbitration to the two contracting parties. It no more eliminates those parties' right to pursue their statutory remedy than did federal law before its adoption of the class action for legal relief in 1938.” American Express Co. v. Italian Colors Restaurant, No. 12–133, U.S. Supreme Court (June 20, 2013).

Supreme Court Upholds Class Action Waivers In Arbitration Agreements

Fisher Phillips • June 21, 2013
The U.S. Supreme Court held today that courts cannot invalidate arbitration agreements which waive class actions, unless there is an express congressional statement that class-action proceedings are so necessary to a federal claim as to preempt the Federal Arbitration Act (FAA). American Express Co. v. Italian Colors Restaurant.

Supreme Court Arbitration Jurisprudence - No Class Action If You Say So

Ogletree Deakins • June 21, 2013
Combining today's decision in American Express Co. v. Italian Colors Restaurant, (6.20.13) with its decision 10 days ago in Oxford Health Plans v. Sutter, (S.Ct. 6.10.13) the Supreme Court's position now seems clear. If an employer wants to avoid class or collective actions, it can do so by having an arbitration agreement that precludes arbitration of claims on a class basis. But to be sure that happens, you need to be explicit about it.

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