Several merchants signed a binding arbitration agreement wit…

Several merchants signed a binding arbitration agreement with the American Express Company. The arbitration agreement included a clause prohibiting class action arbitration. Later, after a serious dispute arose involving a federal statute, the merchants sought class action arbitration against American Express Company, arguing that it would be too expensive to pursue the claims individually. Assuming the Federal Arbitration Act applies, how should a court rule on the issue?

Colorado is concerned with the recent outbreak of a waterbor…

Colorado is concerned with the recent outbreak of a waterborne disease in several of its counties. The disease has afflicted hundreds of the state’s residents. As a “first step” to eradicate the disease, the Colorado state legislature enacts a law that requires all water repositories within the state to be tested at least weekly. If this law is challenged in federal court based on the argument that it is stricter than the current federal Clean Water Act, what would the court likely conclude?