Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

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
 
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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.

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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.   JudgmentReversed, 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.
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