ROSS v. AMERICAN EXPRESS CO.

Docket Nos. 06-4598-CV(L), 06-4759-CV(XAP).

478 F.3d 96 (2007)

Robert ROSS and Randal Wachsmuth, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. AMERICAN EXPRESS COMPANY, American Express Travel Related Services Company, Inc., and American Express Centurion Bank, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 13, 2007.


Attorney(s) appearing for the Case

Merrill G. Davidoff, Berger & Montague, P.C., Philadelphia, PA, for Plaintiffs-Appellees-Cross-Appellants.

Jonathan M. Jacobson, Wilson Sonsini Goodrich & Rosati, New York, N.Y. (Meredith Kotler, Wilson Sonsini Goodrich & Rosati; Evan R. Chesler, Cravath, Swaine & Moore LLP, New York, NY, on the brief) for Defendants-Appellants-Cross-Appellees.

Before: WINTER, HALL, Circuit Judges, and GLEESON, District Judge.


WINTER, Circuit Judge.

American Express Company, American Express Travel Related Services Company, Inc., and American Express Centurion Bank (collectively, "Amex") appeal from Judge Pauley's denial of a motion to compel arbitration. Appellees Robert Ross and Randal Wachsmuth move to dismiss on the ground that we lack jurisdiction under Section 16 of the Federal Arbitration Act ("FAA"). For the reasons stated below, we deny the motion.

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