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A few weeks ago, the Supreme Court heard oral arguments in American Express Co. v. Italian Colors Restaurant, the most important arbitration case before the court since AT&T Mobility LLC v. Concepcion was decided nearly two years ago. The issue in American Express is whether plaintiffs may avoid arbitration agreements that require individualized rather than class arbitration, by arguing that they cannot “effectively vindicate” their federal claims—here, under the antitrust laws—without the use of class proceedings.  

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