American Express Co. v. Italian Colors Restaurant
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Feb 27, 2013
|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.
Plain English Summary:
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.
- Opinion analysis: A class action waiver in an arbitration agreement will be strictly enforced under the Federal Arbitration Act (David Garcia and Leo Caseria)
- Details: American Express v. Italian Colors Restaurant (Mike Gottlieb)
- Argument recap: Can arbitration agreements with class action waivers survive in the face of the effective vindication doctrine? (David Garcia and Leo Caseria)
- Argument preview: Under what circumstances are arbitration agreements with class action waivers enforceable? (David Garcia and Leo Caseria)
- Petition of the day (Ben Cheng)