'Amex III': Class Action Waivers In the Second Circuit

, New York Law Journal

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In their Arbitration column, Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Paul Hastings, and Zachary Fasman, a partner at Paul Hastings, write that although the Second Circuit emphasized that the fact-intensive nature of its 'vindication of statutory rights' analysis limited its holding, 'Amex III' nonetheless creates considerable uncertainty in the law.

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