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Second Circuit Review: Some Class Action Waivers in Arbitration Still Unenforceable
April 27, 2011
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The Supreme Court recently turned its spotlight squarely on the issue of class arbitration, holding last week in AT&T Mobility v. Concepcion that the Federal Arbitration Act (FAA) precludes a state from conditioning the enforceability of certain arbitration agreements on the availability of classwide arbitration procedures. This month, litigation partners Marty Flumenbaum and Brad Karp's Second Circuit Review column in the New York Law Journal revisits In re: American Express Merchants' Litigation, a case that addresses a related question-whether a class action waiver in a mandatory arbitration clause is enforceable under the FAA. Litigation associate David K. Kessler assisted in the preparation of the April 27 column.