Editor's Note :

Editor's Note :

On Wednesday we expect one or more decisions in argued cases; we will be live blogging beginning at 9:45 a.m.

American Express Co. v. Italian Colors Restaurant

Docket No. Op. Below Argument Opinion Vote Author Term
12-133 2d Cir. Feb 27, 2013
Tr.
Jun 20, 2013 5-3 Scalia OT 2012

Holding: The Federal Arbitration Act does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery.

Judgment: Reversed, 5-3, in an opinion by Justice Scalia on June 20, 2013. Justice Kagan filed a dissenting opinion in which Justice Ginsburg and Justice Breyer joined. Justice Sotomayor took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 30 2012Petition for a writ of certiorari filed. (Response due August 29, 2012)
Aug 13 2012Order extending time to file response to petition to and including September 28, 2012.
Aug 14 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Aug 22 2012Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents.
Aug 24 2012Order further extending time to file response to petition to and including October 12, 2012.
Aug 28 2012Brief amicus curiae of New England Legal Foundation filed.
Aug 29 2012Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed.
Aug 29 2012Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 29 2012Brief amici curiae of Marcy Cohen, et al. filed.
Oct 12 2012Brief of respondents Italian Colors Restaurant, et al. in opposition filed.
Oct 24 2012DISTRIBUTED for Conference of November 9, 2012.
Oct 24 2012Reply of petitioners American Express Company, et al. filed. (Distributed)
Nov 9 2012Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition.
Nov 19 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Dec 12 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Dec 18 2012SET FOR ARGUMENT ON Wednesday, February 27, 2013
Dec 21 2012Joint appendix filed. (Statement of costs filed)
Dec 21 2012Brief of petitioners American Express Company, et al. filed.
Dec 27 2012Brief amicus curiae of Equal Employment Advisory Council filed.
Dec 28 2012Brief amicus curiae of Experian Information Solutions, Inc., et al. filed.
Dec 28 2012Brief amici curiae of American Bankers Association, et al. filed.
Dec 28 2012Brief amicus curiae of The Financial Services Roundtable filed.
Dec 28 2012Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed.
Dec 28 2012Brief amicus curiae of New England Legal Foundation filed.
Dec 28 2012Brief amici curiae of Marcy S. Cohen, et al. filed.
Dec 28 2012Brief amici curiae of Distinguished Law Professors filed.
Dec 28 2012Brief amicus curiae of DRI - Voice of the Defense Bar filed.
Jan 4 2013Record from U.S.D.C. for Southern District of New York is electronic.
Jan 9 2013Record received from the U.S.D.C. Southern District of New York. (1 box)
Jan 10 2013CIRCULATED.
Jan 11 2013Record from U.S.C.A. for 2nd Circuit is electronic.
Jan 22 2013Brief of respondents Italian Colors Restaurant, et al. filed. (Distributed)
Jan 28 2013Brief amici curiae of National Community Pharmacists Association, et al. filed. (Distributed)
Jan 29 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 29 2013Brief amicus curiae of the United States filed. (Distributed)
Jan 29 2013Brief amicus curiae of COSAL filed. (Distributed)
Jan 29 2013Brief amici curiae of Ohio and 21 other states filed. (Distributed).
Jan 29 2013Brief amici curiae of Professors of Civil Procedure filed. (Distributed)
Jan 29 2013Brief amicus curiae of American Antitrust Institute filed. (Distributed)
Jan 29 2013Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Jan 29 2013Brief amici curiae of Public Justice, P.C., et al. filed. (Distributed)
Jan 29 2013Brief amici curiae of Food Marketing Institute and the National Retail Federation filed. (Distributed)
Jan 29 2013Brief amici curiae of Professional Arbitrators and Arbitration Scholars filed. (Distributed).
Jan 29 2013Brief amici curiae of Antitrust Scholars filed. (Distributed)
Feb 15 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Feb 15 2013Reply of petitioners American Express Company, et al. filed. (Distributed)
Feb 27 2013Argued. For petitioners: Michael Kellogg, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 20 2013Judgment REVERSED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case.
Jul 22 2013JUDGMENT ISSUED.
Jul 24 2013Record returned to U.S.D.C. for Southern District of New York.
 
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