AAI Urges Supreme Court to Presume that Class Action Waivers Are Unenforceable (Stolt-Nielsen v. Animalfeeds, No. 08-1198)

AAI, joined by the American Independent Business Alliance and the National Community Pharmacists Association, filed an amicus brief in the Supreme Court today urging the Court to reject a rule that would presume ambiguous arbitration agreements to preclude class arbitration. The brief highlights the importance of private litigation to the enforcement of the antitrust laws, and the importance of class actions in making the private treble damages remedy meaningful. AAI urged the Court to adopt a rule that would presume waivers of class arbitrations to be unenforceable in antitrust cases. The brief was written by AAI Advisory Board Member Dan Gustafson and AAI Director of Legal Advocacy Rick Brunell. It is available here: