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IN RE AMERICAN EXP. MERCHANTS' LITIGATION

Docket No. 06-1871-cv.

667 F.3d 204 (2012)

In re AMERICAN EXPRESS MERCHANTS' LITIGATION, Italian Colors Restaurant, on or behalf of itself and all similarly situated persons, National Supermarkets Association, 492 Supermarket Corp., Bunda Starr Corp., Phoung Corp., Plaintiffs-Appellants, v. American Express Travel Related Services Company, American Express Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 1, 2012.

Attorney(s) appearing for the Case

Gary B. Friedman , Friedman Law Group LLP ( Tracey Kitzman , Aaron Patton , Warren Parrino , on the brief), New York, NY, for Plaintiffs-Appellants.

Bruce H. Schneider , Stroock & Stroock & Lavan, LLP, New York, NY, Julia B. Strickland , Stephen J. Newman , Stroock & Stroock & Lavan LLP, Los Angeles, CA, Michael K. Kellogg , Derek T. Ho , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for Defendants-Appellees.

Before: POOLER and SACK, Circuit Judges.

POOLER, Circuit Judge:

We turn to this case for the third time, as the Supreme Court released its latest views on class arbitration waivers in AT & T Mobility LLC v. Concepcion, ___ U.S. ___, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011), just weeks after we issued our decision in In re American Express Merchants' Litigation, 634 F.3d 187 (2d Cir. 2011) ("Amex II"). Amex II

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