Record returned to U.S.D.C. for Southern District of New York.

JUDGMENT ISSUED.

Judgment REVERSED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case.

Argued. For petitioners: Michael Kellogg, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioners American Express Company, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.

Brief amicus curiae of the United States filed. (Distributed)

Brief amici curiae of Antitrust Scholars filed. (Distributed)

Brief amici curiae of Professional Arbitrators and Arbitration Scholars filed. (Distributed).

Brief amici curiae of Ohio and 21 other states filed. (Distributed).

Brief amici curiae of Food Marketing Institute and the National Retail Federation filed. (Distributed)

Brief amici curiae of Public Justice, P.C., et al. filed. (Distributed)

Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)

Brief amicus curiae of American Antitrust Institute filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of COSAL filed. (Distributed)

Brief amici curiae of National Community Pharmacists Association, et al. filed. (Distributed)

Brief of respondents Italian Colors Restaurant, et al. filed. (Distributed)

Record from U.S.C.A. for 2nd Circuit is electronic.

CIRCULATED.

Record received from the U.S.D.C. Southern District of New York. (1 box)

Record from U.S.D.C. for Southern District of New York is electronic.

Brief amici curiae of Distinguished Law Professors filed.

Brief amicus curiae of Experian Information Solutions, Inc., et al. filed.

Brief amici curiae of American Bankers Association, et al. filed.

Brief amicus curiae of The Financial Services Roundtable filed.

Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed.

Brief amicus curiae of New England Legal Foundation filed.

Brief amici curiae of Marcy S. Cohen, et al. filed.

Brief amicus curiae of DRI - Voice of the Defense Bar filed.

Brief amicus curiae of Equal Employment Advisory Council filed.

Brief of petitioners American Express Company, et al. filed.

Joint appendix filed. (Statement of costs filed)

SET FOR ARGUMENT ON Wednesday, February 27, 2013

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of November 9, 2012.

Reply of petitioners American Express Company, et al. filed. (Distributed)

Brief of respondents Italian Colors Restaurant, et al. in opposition filed.

Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed.

Brief amicus curiae of DRI - The Voice of the Defense Bar filed.

Brief amici curiae of Marcy Cohen, et al. filed.

Brief amicus curiae of New England Legal Foundation filed.

Order further extending time to file response to petition to and including October 12, 2012.

Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.

Order extending time to file response to petition to and including September 28, 2012.

Petition for a writ of certiorari filed. (Response due August 29, 2012)

American Express Company, et al., Petitioner, represented by Michael K. Kellogg

Italian Colors Restaurant, et al., Respondent, represented by Deepak Gupta

Italian Colors Restaurant, et al., Respondent, represented by Paul D. Clement

American Antitrust Institute, Amicus Curiae, represented by Ellen Meriwether

American Bankers Association, et al., Amicus Curiae, represented by Alan S. Kaplinsky

American Express Company, et al. v. Italian Colors Restaurant, et al., Amicus Curiae, represented by Malcolm L. Stewart

Antitrust Scholars, Amicus Curiae, represented by David A. Reiser

Chamber of Commerce of The United States of America, et al., Amicus Curiae, represented by Andrew J. Pincus

COSAL, Amicus Curiae, represented by Jonathan W. Cuneo

Distinguished Law Professors, Amicus Curiae, represented by Thomas R. McCarthy

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by Henry M. Sneath

DRI - Voice of the Defense Bar, Amicus Curiae, represented by Mary Massaron Ross

Equal Employment Advisory Council, Amicus Curiae, represented by Rae T. Vann

Experian Information Solutions, Inc., et al., Amicus Curiae, represented by Meir Feder

Food Marketing Institute and the National Retail Federation, Amicus Curiae, represented by David A. Balto

Marcy Cohen, et al., Amicus Curiae, represented by Martin S. Kaufman

National Community Pharmacists Association, et al., Amicus Curiae, represented by Matthew L. Cantor

New England Legal Foundation, Amicus Curiae, represented by Benjamin G. Robbins

Ohio and 21 other states, Amicus Curiae, represented by Alexandra T. Schimmer

Professional Arbitrators and Arbitration Scholars, Amicus Curiae, represented by Lisa T. McElroy

Professors of civil procedure, Amicus Curiae, represented by Alexander H. Schmidt

Public Citizen, Inc., Amicus Curiae, represented by Scott L. Nelson

Public Justice, P.C., et al., Amicus Curiae, represented by F. Paul Bland Jr.

The Financial Services Roundtable, Amicus Curiae, represented by Linda T. Coberly

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.