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Second Circuit Review: Class Action Settlements and Arbitration
December 6, 2011
To read the article, click here.
Litigation partners Marty Flumenbaum and Brad Karp's Second Circuit
Review column appeared in the November 30 issue of the New York
Law Journal. In this article the authors discuss In re
American Express Financial Advisors Securities Litigation, in
which the U.S. Court of Appeals for the Second Circuit affirmed in
part and reversed in part a district court's order enjoining a
FINRA arbitration on the grounds that the claims were released by a
prior class action settlement. The court's opinion considered
whether a court has the authority under the Federal Arbitration Act
to enjoin an arbitration, a previously unsettled issue in the
Second Circuit. Litigation associate Sam A. Yospe assisted in the
preparation of the column.