We have written several times in this blog about what we perceived as the inconsistency between the Massachusetts decisions in the Feeney v. Dell case and the SCOTUS decision in Concepcion. Most recently, we suggested that the SJC’s most recent decision in Feeney was inconsistent with the Supreme Court’s ruling issued just days later in Amex. Today the SJC agreed, and reversed the lower court’s denial of Dell’s motion to confirm the arbitration award in the case. Thus finally (we hope) ends a lengthy saga that demonstrated a direct conflict between these two high courts and the ultimate recognition by the SJC that the Supreme Court’s interpretation of the Federal Arbitration Act requires enforcement of class action waivers in arbitration agreements even if such a waiver “effectively denies the plaintiffs a remedy.” Whether one agrees or disagrees with the result, the SJC was correct to accept the SCOTUS ruling for what it now obviously is. Hats off to the SJC for doing so without much ado or delay.
Written by former litigation partner, Donald R. Frederico.