In December 2008, a major ice storm caused massive and lengthy power outages in several towns in Massachusetts. Twelve residential and business customers of Fitchburg Gas and Electric Light…
Massachusetts SJC reverses itself, follows Amex.
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We have written several times in this blog about what we perceived as the inconsisteny between the Massachusetts decisions in the Feeney v. Dell case and the SCOTUS decision in Concepcion….
American Express v. Italian Colors Restaurant: The Supreme Court Reinforces AT&T Mobility v. Concepcion
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Just over two years ago, the Supreme Court issued its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempted a state rule that class action waivers…
Concepcion in Massachusetts: The Feeney and Machado Decisions
Arbitration, Class Arbitration, Consumer Class Actions, Employment Class Actions, Massachusetts Decisions
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Last week, the Massachusetts Supreme Judicial Court issued two long-awaited decisions concerning the enforceability of class action waivers in arbitration agreements. Feeney v. Dell, Inc. (…
The patchwork of Massachusetts Supreme Judicial Court decisions construing our consumer protection statute (Chapter 93A) has created a great deal of confusion, particularly over the last dec…
The Continuing Saga of Class Action Waivers in Massachusetts
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The Massachusetts Supreme Judicial Court has agreed to re-review a case involving the enforceability of class action waivers in arbitration provisions in light of last term’s United States S…