Kimberly Kralowec offers a preview of the oral argument this morning in Am. Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S.). Check it out.
The case deals with whether a court may strike down an arbitration clause under federal law (the Arbitration Act) on the ground that it makes getting relief under substantive federal law (the Sherman Act) all but impossible. See "Class Arbitration Ban Fails in Second Circuit; Evidence Showing 'Frustration' of Rights Key".