Fiercely Divided Second Circuit Declines En Banc Review of Amex Arbitration Ruling

, The Litigation Daily


This case sure looks teed up for a trip to the U.S. Supreme Court. Earlier this year, the Second Circuit held that Amex could not force merchants into individual arbitration, despite the Supreme Court's ruling in Concepcion. On Tuesday a majority of Second Circuit judges voted against a full rehearing of Amex's appeal, but five publicly dissented.

This article has been archived, and is no longer available on this website.

View this content exclusively through LexisNexis® Here

Not a LexisNexis® Subscriber?

Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via® and Nexis®. This includes content from The National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article# 1202556368664

Thank you!

This article's comments will be reviewed.