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Second Circuit refuses to rehear AmEx arbitration clause case

By  |  May 30, 2012

The U.S. Court of Appeals for the Second Circuit has decided not to rehear the case allowing American Express merchant customers to bring a federal antitrust lawsuit against the card company. The two-judge panel in February had held that American Express’s mandatory arbitration clause is unenforceable, and that Concepcion did not apply to the case at hand.

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    Judge Rosemary Pooler wrote the majority opinion. Five Second Circuit judges dissented, including Chief Judge Dennis Jacobs.

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