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Second Circuit refuses to rehear AmEx arbitration clause case

By  |  May 30, 2012
Second Circuit refuses to rehear AmEx arbitration clause case

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.

    Full content: Thomson Reuters News & Insight

    Related content: Payments Innovation and Interchange Fees Regulation: How Inverting the Merchant-Pays Business Model Would Affect the Extent and Direction of Innovation (David S. Evans, Global Economics Group)

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