Tag Archives: Second Circuit

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

Posted in Arbitration, Class Actions | Tagged , , | Leave a comment

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

Posted in Arbitration, Class Actions | Tagged , , | Leave a comment