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
Notable Cases and Events in eDiscoveryMarch 6, 202611th Circ. NextEra Ruling Broadens Loss Causation StandardMarch 3, 2026Superpowers — and Potential Perils: Deploying AI for BusinessMarch 2026Generative AI and Privilege: Practical Lessons from Two Early Decisions and What Comes NextFebruary 27, 2026Sidley Represents The Brink’s Company in US$6.6 Billion Acquisition of NCR AtleosFebruary 26, 2026Sidley Represents Arsenal Capital Partners and MaxHealth in Sale of MaxHealth to CenterWellFebruary 17, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory

