Monthly Archives: March 2012

The Death of the Class Arbitration Waiver? Not So Fast…

Last month, the Second Circuit—for the third time, no less—struck down a class arbitration waiver in American Express’ card acceptance agreement with merchants. The latest decision, however, is particularly striking given that it follows, and vigorously distinguishes, the Supreme Court’s

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It’s All Subjective: The Legacy of Wal-Mart v. Dukes Continues

The repercussions of the Supreme Court’s 2011 Wal-Mart Stores, Inc. v. Dukes decision continue to reverberate throughout federal courts in the United States. In Dukes, the plaintiffs sued on the theory that Wal-Mart’s use of subjective decision-making in its various

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