Bloomberg Law published recently an interesting article by Andrew Pincus from Mayer Brown LLP regarding the Second Circuit case In Re American Express Merchants’ Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012):
Does the Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion – holding that arbitration clauses may not be invalidated on the ground that they contain class-action waivers – apply only when the underlying cause of action is based on state law? That is what a panel of the Second Circuit concluded earlier this month in In re American Express Merchants’ Litigation, a ruling that is the subject of a pending petition for rehearing en banc.
Read the full article here.
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