American Express Co. v. Italian Colors Restaurant
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-133 | 2d Cir. | 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.
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
- Opinion analysis: A class action waiver in an arbitration agreement will be strictly enforced under the Federal Arbitration Act (David Garcia and Leo Caseria, June 21, 2013)
- Details: American Express v. Italian Colors Restaurant (Mike Gottlieb, June 20, 2013)
- Argument recap: Can arbitration agreements with class action waivers survive in the face of the effective vindication doctrine? (David Garcia and Leo Caseria, March 4, 2013)
- Argument preview: Under what circumstances are arbitration agreements with class action waivers enforceable? (David Garcia and Leo Caseria, February 22, 2013)
- Petition of the day (Ben Cheng, November 6, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/30/2012 | Petition for a writ of certiorari filed. (Response due August 29, 2012) |
| 08/13/2012 | Order extending time to file response to petition to and including September 28, 2012. |
| 08/14/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| 08/22/2012 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents. |
| 08/24/2012 | Order further extending time to file response to petition to and including October 12, 2012. |
| 08/28/2012 | Brief amicus curiae of New England Legal Foundation filed. |
| 08/29/2012 | Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed. |
| 08/29/2012 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 08/29/2012 | Brief amici curiae of Marcy Cohen, et al. filed. |
| 10/12/2012 | Brief of respondents Italian Colors Restaurant, et al. in opposition filed. |
| 10/24/2012 | DISTRIBUTED for Conference of November 9, 2012. |
| 10/24/2012 | Reply of petitioners American Express Company, et al. filed. (Distributed) |
| 11/09/2012 | Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition. |
| 11/19/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 12/12/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 12/18/2012 | SET FOR ARGUMENT ON Wednesday, February 27, 2013 |
| 12/21/2012 | Joint appendix filed. (Statement of costs filed) |
| 12/21/2012 | Brief of petitioners American Express Company, et al. filed. |
| 12/27/2012 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| 12/28/2012 | Brief amicus curiae of Experian Information Solutions, Inc., et al. filed. |
| 12/28/2012 | Brief amici curiae of American Bankers Association, et al. filed. |
| 12/28/2012 | Brief amicus curiae of The Financial Services Roundtable filed. |
| 12/28/2012 | Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed. |
| 12/28/2012 | Brief amicus curiae of New England Legal Foundation filed. |
| 12/28/2012 | Brief amici curiae of Marcy S. Cohen, et al. filed. |
| 12/28/2012 | Brief amici curiae of Distinguished Law Professors filed. |
| 12/28/2012 | Brief amicus curiae of DRI - Voice of the Defense Bar filed. |
| 01/04/2013 | Record from U.S.D.C. for Southern District of New York is electronic. |
| 01/09/2013 | Record received from the U.S.D.C. Southern District of New York. (1 box) |
| 01/10/2013 | CIRCULATED. |
| 01/11/2013 | Record from U.S.C.A. for 2nd Circuit is electronic. |
| 01/22/2013 | Brief of respondents Italian Colors Restaurant, et al. filed. (Distributed) |
| 01/28/2013 | Brief amici curiae of National Community Pharmacists Association, et al. filed. (Distributed) |
| 01/29/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/29/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of COSAL filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Ohio and 21 other states filed. (Distributed). |
| 01/29/2013 | Brief amici curiae of Professors of Civil Procedure filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Public Justice, P.C., et al. filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Food Marketing Institute and the National Retail Federation filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Professional Arbitrators and Arbitration Scholars filed. (Distributed). |
| 01/29/2013 | Brief amici curiae of Antitrust Scholars filed. (Distributed) |
| 02/15/2013 | Motion 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. |
| 02/15/2013 | Reply of petitioners American Express Company, et al. filed. (Distributed) |
| 02/27/2013 | Argued. 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.) |
| 06/20/2013 | Judgment 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. |
| 07/22/2013 | JUDGMENT ISSUED. |
| 07/24/2013 | Record returned to U.S.D.C. for Southern District of New York. |
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.