In In re: American Express Merchants Litigation, ___ F.3d ___ (2d Cir. Feb. 1, 2012), the Second Circuit refused to enforce a no-class-action arbitration clause notwithstanding Concepcion.
In Ross v. RBS Citizens, N.A., ___ F.3d ___ (7th Cir. Jan. 27, 2012), the Seventh Circuit affirmed class certification of claims for unpaid overtime wages under FLSA and Illinois state law. The opinion closely analyzes Dukes.
Many thanks to the blog readers who brought these decisions to my attention.