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AMERICAN EXP. v. ITALIAN COLORS RESTAURANT

No. 12-133.

133 S.Ct. 2304 (2013)

186 L.Ed.2d 417

AMERICAN EXPRESS CO., et al., Petitioners v. ITALIAN COLORS RESTAURANT et al.

Supreme Court of United States.

Decided June 20, 2013.

Attorney(s) appearing for the Case

Michael Kellogg, Washington, DC, for Petitioners.

Paul D. Clement, Washington, DC, for Respondents.

Malcolm L. Stewart, for the United States as amicus curiae, by special leave of the Court, supporting the Respondents.

Louise M. Parent, Mark G. Califano, Bernadette Miragliotta, American Express Travel Related Services, Inc., New York, NY, Julia B. Strickland, Stroock & Stroock & Lavan LLP, Los Angeles, CA, Michael K. Kellogg, Counsel of Record, Derek T. Ho, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Petitioners.

Deepak Gupta, Brian Wolfman, Gregory A. Beck, Jonathan E. Taylor, Gupta Beck PLLC, Washington, DC, Paul D. Clement, Counsel of Record, Michael H. McGinley, Bancroft PLLC, Washington, DC, for Respondents.

Justice SCALIA delivered the opinion of the Court.

We consider whether a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act when the plaintiff's cost of individually arbitrating a federal statutory claim exceeds the potential recovery.

I

Respondents are merchants who accept American Express cards. Their agreement with petitioners — American Express and a wholly...

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