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A class action waiver provision in a contract between American Express Co. and merchants is unenforceable under the Federal Arbitration Act, the U.S. Court of Appeals for the Second Circuit has ruled for the first time. The circuit, reinstating a lawsuit brought by the merchants under the Sherman Act, said it was unwilling to grant "de facto immunity from antitrust liability by removing the plaintiffs' only reasonably feasible means of recovery."
February 05, 2009 at 12:00 AM
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The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
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