Class Arbitration Massachusetts Decisions
August 1, 2013 / January 10, 2023 by mindgrub
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....
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Arbitration Class Arbitration Massachusetts Decisions Supreme Court
July 1, 2013 / February 26, 2019 by mindgrub
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...
Arbitration Class Arbitration Consumer Class Actions Employment Class Actions Massachusetts Decisions
June 17, 2013 / January 10, 2023 by mindgrub
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. (...
Class Arbitration Supreme Court
June 14, 2013 / February 26, 2019 by mindgrub
In a March post on this blog, my colleague John Aromando previewed the then up-coming oral argument before the Supreme Court in Oxford Health Plans LLC v. Sutter, discussing the possible imp...
First Circuit Decisions
May 30, 2013 / February 26, 2019 by mindgrub
In Mass. Ret. Sys. v. CVS Caremark Corp., the First Circuit recently revived a shareholder securities fraud class action stemming from the 2006 merger of retail pharmacy chain, CVS, and pres...
Employment Class Actions
May 23, 2013 / February 26, 2019 by mindgrub
With the economy dragging and jobs difficult to come by, students who might otherwise have obtained paying jobs have increasingly turned to unpaid internships as a way to gain relevant exper...
Employment Class Actions Supreme Court
April 17, 2013 / February 26, 2019 by mindgrub
Yesterday, the United States Supreme Court issued a much anticipated decision in the case of Genesis Healthcare Corporation v. Laura Symczyk. The majority declined to answer the question...
Consumer Class Actions Supreme Court
April 3, 2013 / February 26, 2019 by mindgrub
On March 27th, the Supreme Court issued a notable opinion addressing not only the interplay between class certification and merits issues, but also the relationship between Rule 23(b)(3) pre...
Class Action Fairness Act Supreme Court
March 25, 2013 / February 26, 2019 by mindgrub
The Class Action Fairness Act of 2005 (CAFA) was designed to ensure a federal forum for class-action cases “of national importance.” CAFA extends the federal courts’ diversity jurisdiction...
Class Arbitration
March 22, 2013 / February 26, 2019 by mindgrub
Last summer, I* wrote about the First Circuit’s June 27, 2012 decision in Download Fantastic Sams v FSRO Assoc, a case holding that, in the event of an arbitration provision that does not ex...
