Shows & Panels
Shows & Panels
- The 2014 Big Picture on Cyber Security
- AFCEA Answers
- American Readiness: Renewable Power and Efficiency Technologies
- Ask the CIO
- Building the Hybrid Cloud
- Connected Government: How to Build and Procure Network Services for the Future
- Continuing Diagnostics and Mitigation: Discussion of Progress and Next Steps
- Federal Executive Forum
- Federal News Radio's National Cyber Security Awareness Month Special Panel Discussion
- Federal Tech Talk
- The Future of Government Data Centers
- The Future of IT: How CIOs Can Enable the Service-Oriented Enterprise
- Government Perspectives on Mobility and the Cloud
- The Intersection: Where Technology Meets Transformation
- Maximizing ROI Through Data Center Consolidation
- Mitigating Insider Threats in Virtual & Cloud Environments
- Modern Mission Critical Series
- The New Generation of Database
- Reimagining the Next Generation of Government
- Targeting Advanced Threats: Proven Methods from Detection through Remediation
- Transformative Technology: Desktop Virtualization in Government
- The Truth About IT Opex and Software Defined Networking
- Air Traffic Management Transformation Report
- Cloud First Report
- General Dynamics IT Enterprise Center
- Gov Cloud Minute
- Government in Technology Series
- Homeland Security Cybersecurity Market Report
- National Cybersecurity Awareness Month
- Technology Insights
- The Cyber Security Report
- The Next Generation Cyber Security Experts
Shows & Panels
Court rules for Amex in dispute with merchants
Thursday - 6/20/2013, 5:30pm EDT
WASHINGTON (AP) -- The Supreme Court ruled against merchants Thursday who object to having to accept American Express debit and credit cards along with the company's iconic charge card.
The justices said in a 5-3 decision that the merchants could not band together, but rather must use arbitration to resolve their claims against American Express one by one.
The decision fell along ideological lines, common in cases involving arbitration, with Justice Antonin Scalia writing for the conservative-leaning majority.
Scalia said the merchants should be held to their agreements with American Express, which contained a waiver of class action, preventing multiple parties from joining together to press a common claim. He said it didn't matter if "it is not worth the expense involved" to the merchants to proceed individually.
The case involved the merchants' effort to sue American Express in court and the company's move to force the businesses to use arbitration individually.
A party that is being sued often prefers arbitration, where a third party settles the dispute, to a more time-consuming and costly lawsuit. Defendants in civil cases also typically resist class actions, which increase the pressure to settle because of the cost of defending them and the potential for very large judgments.
Justice Elena Kagan filed a dissent that was joined by Justices Ruth Bader Ginsburg and Stephen Breyer. The contracts between American Express and the merchants effectively deprive the merchants of any legal recourse, Kagan said.
"And here is the nutshell version of today's opinion, admirably flaunted rather than camouflaged: Too darn bad," she said.
Justice Sonia Sotomayor took no part in the case.
The case is American Express v. Italian Colors Restaurant, 12-133.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.