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

, The Litigation Daily

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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.

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