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AVIATION DATA v. AMERICAN EXPRESS TRAVEL RELATED SERVICES

Nos. A111602, A114182.

62 Cal.Rptr.3d 396 (2007)

152 Cal.App.4th 1522

AVIATION DATA, INC, et al. Plaintiffs and Respondents, v. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC, et al. Defendants and Appellants. William D. Hoffman et al. Plaintiffs and Respondents, v. American Express Travel Related Services Company, Inc., et al. Defendants and Appellants.

Court of Appeal of California, First District, Division Three.

July 6, 2007.

Attorney(s) appearing for the Case

John J. Bartko, Charles G. Miller, Christopher D. Sullivan, Jae S. Yi, Bartko, Zankel, Tarrant & Miller, San Francisco, Jerome B. Falk, Jr., Steven L. Mayer, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, for Defendants and Appellants.

David M. Fried, Law Offices of David M. Fried, San Francisco, Theodore W. Phillips, Phillips, Greenberg & Hauser, Placerville, Max Folkenflik, Folkenflik & McGerity, for Plaintiffs and Respondents.

SIGGINS, J.

May a party lose its contractual right to compel arbitration if, when negotiating and seeking approval of a class action settlement, it misrepresents the benefits of the proposed settlement to the court, opposing counsel and others? Here the trial court refused to approve a class action settlement when it concluded that counsel for defendant American Express Travel Related Services Company, Inc. (Amex) misled...

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