United States Second Circuit

In a class action asserting Sherman Act claims, brought against a charge card issuer whose card acceptance agreement purported to preclude a merchant from bringing a class action lawsuit, the district court's grant of the defendant's motion to compel arbitration and dismissal of the case is reversed, where the cost of plaintiffs' individually arbitrating their dispute with the defendant would be prohibitive, effectively depriving them of the statutory protections of the antitrust laws, and thus the class action waiver in the arbitration provision was unenforceable.

Appellate Information

• Decided 02/01/2012
• Published 02/01/2012

Judges

• Pooler

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary B. Friedman, Bruce H. Schneider