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ROSS v. AMERICAN EXP. CO.

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

547 F.3d 137 (2008)

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

United States Court of Appeals, Second Circuit.

Decided: October 21, 2008.

Attorney(s) appearing for the Case

Merrill G. Davidoff (Ruthanne Gordon, Charles P. Goodwin, and David A. Langer on the brief) Berger & Montague, P.C., Philadelphia, PA, for Plaintiffs.

Jonathan M. Jacobson, Wilson Sonsini Goodrich & Rosati (Evan R. Chesler, Elizabeth Grayer, Cravath, Swaine & Moore LLP; Meredith Kotler, Wilson Sonsini Goodrich & Rosati on the brief) New York, NY, for Defendants.

Before: POOLER and HALL, Circuit Judges, and TRAGER, District Judge.

POOLER, Circuit Judge:

Both parties have appealed from the memorandum and order, dated September 27, 2005, of the United States District Court for the Southern District of New York (Pauley, J.). In that decision, the district court considered both the defendants' motion to compel arbitration, pursuant to Section 4 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 4, and the plaintiffs' motion for class certification, pursuant to Federal Rule of Civil Procedure...

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