Cert. petitions have recently been filed with the U.S. Supreme Court in two cases of interest:
- American Express Co. v. Italian Colors Restaurant, No. 12-133 (petition filed 07-30-12)
- RBS Citizens, N.A. v. Ross, No. 12-165 (petition filed 08-01-12)
In In re American Express Merchants Litigation, 667 F.3d 204 (2d Cir. 2012), the Second Circuit refused to enforce a no-class-action arbitration clause notwithstanding Concepcion. As discussed in this blog post, a petition for en banc rehearing was denied in late May.
In Ross v. RBS Citizens, N.A., 667 F.3d 900 (7th Cir. 2012), the Seventh Circuit affirmed class certification of claims for unpaid overtime wages under FLSA and Illinois state law. The opinion closely analyzes Dukes.
A copy of the cert. petition in Ross is available here. I have not yet seen any documents from AmEx. If you have copies of those, please forward. UPDATE: Many thanks to the blog reader who kindly forwarded a copy of the cert. petition in AmEx.