Law360
Class Action Litigation Trends Post-Italian Colors
November 3, 2014
Many practitioners believed the U.S. Supreme Court’s decision enforcing a class action waiver in American Express Co. v. Italian Colors Restaurant spelled the death knell to consumer and employment class action litigation arising out of a contractual relationship. There, the Supreme Court held that a class action waiver was enforceable to preclude an antitrust class action. Supreme Court Justice Elena Kagan summed up the projected impact of American Express in her strongly worded dissent: “The monopolist gets to use its monopoly power to insist on a contract effectively depriving its victims of all legal recourse. And here is a nutshell version of today’s opinion, admirably flaunted rather than camouflaged: Too darn bad.”
Contacts
Capabilities
Suggested News & Insights
Texas Court Holds Nonoperating Lessee Owes Royalty on Co-Tenant’s Wells Before It Sees a Dime — Plus Attorney’s Fees for LatenessSeptember 8, 2026Personalized Pricing: The FTC's Newest Enforcement PrioritySeptember 3, 2026Sidley Represents Apollo Funds in US$4.1 Billion Sale of Kelvion to SLBSeptember 1, 2026Sidley Represents Mubadala Capital in Its Acquisition of Arrive LogisticsAugust 28, 2026A Purchase-Price Adjustment Is Not the End of the Road with Indemnification on the TableAugust 24, 2026Eight Sidley Lawyers Named to Benchmark Litigation’s 2026 “Top 250 Women in Litigation” ListAugust 14, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory

