Litig., 554 F.3d 300, 320 (2d Cir. 2009), vacated, Am. Express Co. v. Italian Colors Rest., 130 S. Ct. 2401 (2010). The Second Circuit maintained that view after the Supreme Court granted American Express' petition for certiorari and subsequently remanded the case for reconsideration in light of Stolt-Nielsen. See In re Am. Express Merchants' Litig., 634 F.3d 187, 200 (2d Cir. 2011) (refusing to alter original opinion while noting that " Stolt-Nielsen plainly precludes us from ordering class-wide arbitration, but we did not do so earlier"). And after Concepcion, the Second Circuit stayed the course, again finding that the class action waiver was not enforceable and concluding " Concepcion does not alter our analysis." Amex III, 667 F.3d at 206.