Class Action Waiver Unenforceable If Individual Suits Too Costly

A class action waiver in an arbitration agreement is unenforceable when it would effectively preclude plaintiffs from enforcing their statutory rights, the U.S. Court of Appeals for the Second Circuit held March 8 (In re American Express Merchants' Litigation, 2d Cir., No. 06-1871-cv, 3/8/11).

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