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During the current term, the Supreme Court heard or will hear a number of cases bearing on a plaintiff’s ability to successfully bring and maintain federal class action lawsuits. In Oxford Health Plans v. Sutter, 133 S. Ct. 786 (2012), and American Express v. Italian Colors Restaurant, 133 S. Ct. 594 (2012), the parties have raised issues regarding the availability of class procedures for parties to commercial and/or consumer contracts that provide for mandatory arbitration.1 Amgen v. Connecticut Retirement Plans & Trust Funds, 132 S. Ct. 2742 (2012), and Comcast v. Behrend, 133 S. Ct. 24 (2012), raise issues regarding the extent to which a district court must consider the merits of class action plaintiffs’ claims at the class certification stage.

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