American Express Co. v. Italian Colors Restaurant
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-133 | 2d Cir. |
Feb 27, 2013 |
Jun 20, 2013 | 5-3 | Scalia | OT 2012 |
Holding: The Federal Arbitration Act does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery.
Judgment: Reversed, 5-3, in an opinion by Justice Scalia on June 20, 2013. Justice Kagan filed a dissenting opinion in which Justice Ginsburg and Justice Breyer joined. Justice Sotomayor took no part in the consideration or decision of this case.
SCOTUSblog Coverage
- Opinion analysis: A class action waiver in an arbitration agreement will be strictly enforced under the Federal Arbitration Act (David Garcia and Leo Caseria, June 21, 2013)
- Details: American Express v. Italian Colors Restaurant (Mike Gottlieb, June 20, 2013)
- Argument recap: Can arbitration agreements with class action waivers survive in the face of the effective vindication doctrine? (David Garcia and Leo Caseria, March 4, 2013)
- Argument preview: Under what circumstances are arbitration agreements with class action waivers enforceable? (David Garcia and Leo Caseria, February 22, 2013)
- Petition of the day (Ben Cheng, November 5, 2012)
| Date | Proceedings and Orders |
|---|---|
| Jul 30 2012 | Petition for a writ of certiorari filed. (Response due August 29, 2012) |
| Aug 13 2012 | Order extending time to file response to petition to and including September 28, 2012. |
| Aug 14 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
| Aug 22 2012 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents. |
| Aug 24 2012 | Order further extending time to file response to petition to and including October 12, 2012. |
| Aug 28 2012 | Brief amicus curiae of New England Legal Foundation filed. |
| Aug 29 2012 | Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed. |
| Aug 29 2012 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| Aug 29 2012 | Brief amici curiae of Marcy Cohen, et al. filed. |
| Oct 12 2012 | Brief of respondents Italian Colors Restaurant, et al. in opposition filed. |
| Oct 24 2012 | DISTRIBUTED for Conference of November 9, 2012. |
| Oct 24 2012 | Reply of petitioners American Express Company, et al. filed. (Distributed) |
| Nov 9 2012 | Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition. |
| Nov 19 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Dec 12 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Dec 18 2012 | SET FOR ARGUMENT ON Wednesday, February 27, 2013 |
| Dec 21 2012 | Joint appendix filed. (Statement of costs filed) |
| Dec 21 2012 | Brief of petitioners American Express Company, et al. filed. |
| Dec 27 2012 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| Dec 28 2012 | Brief amicus curiae of Experian Information Solutions, Inc., et al. filed. |
| Dec 28 2012 | Brief amici curiae of American Bankers Association, et al. filed. |
| Dec 28 2012 | Brief amicus curiae of The Financial Services Roundtable filed. |
| Dec 28 2012 | Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed. |
| Dec 28 2012 | Brief amicus curiae of New England Legal Foundation filed. |
| Dec 28 2012 | Brief amici curiae of Marcy S. Cohen, et al. filed. |
| Dec 28 2012 | Brief amici curiae of Distinguished Law Professors filed. |
| Dec 28 2012 | Brief amicus curiae of DRI - Voice of the Defense Bar filed. |
| Jan 4 2013 | Record from U.S.D.C. for Southern District of New York is electronic. |
| Jan 9 2013 | Record received from the U.S.D.C. Southern District of New York. (1 box) |
| Jan 10 2013 | CIRCULATED. |
| Jan 11 2013 | Record from U.S.C.A. for 2nd Circuit is electronic. |
| Jan 22 2013 | Brief of respondents Italian Colors Restaurant, et al. filed. (Distributed) |
| Jan 28 2013 | Brief amici curiae of National Community Pharmacists Association, et al. filed. (Distributed) |
| Jan 29 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jan 29 2013 | Brief amicus curiae of the United States filed. (Distributed) |
| Jan 29 2013 | Brief amicus curiae of COSAL filed. (Distributed) |
| Jan 29 2013 | Brief amici curiae of Ohio and 21 other states filed. (Distributed). |
| Jan 29 2013 | Brief amici curiae of Professors of Civil Procedure filed. (Distributed) |
| Jan 29 2013 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| Jan 29 2013 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Jan 29 2013 | Brief amici curiae of Public Justice, P.C., et al. filed. (Distributed) |
| Jan 29 2013 | Brief amici curiae of Food Marketing Institute and the National Retail Federation filed. (Distributed) |
| Jan 29 2013 | Brief amici curiae of Professional Arbitrators and Arbitration Scholars filed. (Distributed). |
| Jan 29 2013 | Brief amici curiae of Antitrust Scholars filed. (Distributed) |
| Feb 15 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion. |
| Feb 15 2013 | Reply of petitioners American Express Company, et al. filed. (Distributed) |
| Feb 27 2013 | Argued. For petitioners: Michael Kellogg, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 20 2013 | Judgment REVERSED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case. |
| Jul 22 2013 | JUDGMENT ISSUED. |
| Jul 24 2013 | Record returned to U.S.D.C. for Southern District of New York. |
