Category Archives: Class Actions

Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable

Third time’s the charm, right?  The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and  merchants.  In re American Express Merchants’ Litigation.  This long-running case–which has already gone … Continue reading

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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions

Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages for “personal and advertising injury.” The same playbook, however, has not succeeded … Continue reading

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The Second Circuit Sidesteps Stolt-Nielsen

SPOILER ALERT!  This post has a twist:  it doesn’t concern an insurance case at all.  (M. Night Shyamalan would be proud.)  But it does concern interpretation of an arbitration agreement–something important to insurers and reinsurers alike. In Jock v. Sterling … Continue reading

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