We all know the cost of retaining an expert can be pricey. But does the price tag affect vindication of individual rights under a federal statue and impact court access?

Should the cost of expert witness fees play a role in determining whether class action waivers contained in arbitration agreements are enforceable?

A hotly-debated topic, complete with this expert question – which may be the proverbial elephant in the highest courtroom in the land – has come to a head in the case of American Express Company v. Italian Colors Restaurant.