The 2nd Circuit also recently blunted the impact of Stolt-Nielsen v. AnimalFeeds International Corp. with its decision in In Re American Express Merchants' Litigation, in which it found that regardless of the language of the parties' arbitration agreement, a court may still invalidate a class action waiver for public policy reasons. The court wrote that where “the only economically feasible means for enforcing [the plaintiffs'] statutory rights is via a class action,” an arbitration agreement containing a class action waiver is unenforceable.

The 2nd Circuit also recently blunted the impact of Stolt-Nielsen v. AnimalFeeds International Corp. with its decision in In Re American Express Merchants' Litigation, in which it found that regardless of the language of the parties' arbitration agreement, a court may still invalidate a class action waiver for public policy reasons. The court wrote that where “the only economically feasible means for enforcing [the plaintiffs'] statutory rights is via a class action,” an arbitration agreement containing a class action waiver is unenforceable.