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U.S. Supreme Court Decides American Express v. Italian Colors

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by Beth Graham

Thursday, Jun 20, 2013


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Today, the United States Supreme Court issued an opinion in American Express v. Italian Colors Restaurant, No. 12-133 (June 20, 2013).  In a 5-3 decision authored by Justice Scalia, the high court held that a group of merchants who entered into a standard arbitration agreement that prevents them from filing a class-action lawsuit against American Express may not band together to make antitrust claims against the company over credit card fees.  Instead, the court stated any merchant disputes with the company must be arbitrated in accordance with the parties’ agreement.  Justice Sotomayor did not participate in the decision.

Please stay tuned to Disputing for an in-depth discussion of this case!

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  • Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ RuleArbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ Rule
  • The Not-So-Effective Vindication DecisionThe Not-So-Effective Vindication Decision
  • The Court’s 2012 Class Act: A Little Bit of This, a Little Bit of ThatThe Court’s 2012 Class Act: A Little Bit of This, a Little Bit of That
  • ‘Sticky’ Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex‘Sticky’ Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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