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
Sidley Secures Complete Jury Verdict on All Claims and Cross-Claims After Nine-Week TrialJune 22, 2026Rollin Ransom and Matthew Thompson Named 2026 “Entertainment Visionaries” by the Los Angeles TimesJune 16, 2026Florida Driver Ruling Shows Renewed Focus On Privacy StandingJune 11, 2026Fraud Strategy Shifts the Burden Upstream – and Banks Are in the Firing LineJune 9, 2026Sidley Secures Third Major Victory for City of Pasadena and Rose Bowl Operating Company in UCLA Stadium DisputeJune 8, 2026When “The Devil Made Me Do It” Is Not a Defense: Lessons in AI Governance and Organizational Oversight from an SDNY DecisionJune 4, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory

