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HEIEN v. ARCHSTONE

No. 15-2299.

837 F.3d 97 (2016)

Christopher HEIEN, individually and on behalf of all others similarly situated; Anna Nguyen, individually and on behalf of all others similarly situated; Anna Miniutti, individually and on behalf of all others similarly situated; Benjamin Spiller, individually and on behalf of all others similarly situated; Antonia Peabody, individually and on behalf of all others similarly situated; Endicott Peabody, individually and on behalf of all others similarly situated; Humoud Al Sabah, individually and on behalf of all others similarly situated; Brian Epstein, individually and on behalf of all others similarly situated; Laura Nesci, individually and on behalf of all others similarly situated; Ron Levy, individually and on behalf of all others similarly situated; Andrea Mangone, individually and on behalf of all others similarly situated; Nicolai Jakobsen, individually and on behalf of all others similarly situated, Plaintiffs, Appellants, v. ARCHSTONE; Archstone Communities, LLC; ASN Park Essex, LLC; ASN Quincy, LLC; ASN Quarry Hills, LLC; ASN North Point I, LLC; Archstone North Point, LLC; Archstone Cronin's Landing; ASN Watertown, LLC; ASN Kendall Square, LLC; Archstone Avenir, LP; ASN Bear Hill, LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 14, 2016.

Attorney(s) appearing for the Case

Edward Foye , with whom Michael Brier , Kevin Thomas Peters , Arrowood Peters LLP, Matthew J. Fogelman , Fogelman & Fogelman LLC, Newton, MA, Joshua N. Garick , Woburn, MA, and Law Offices of Joshua N. Garick, were on brief, for appellants.

Craig M. White , with whom Baker & Hostetler LLP, Thomas H. Wintner and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA, were on brief, for appellees.

Before Torruella and Barron, Circuit Judges, and Lisi, District Judge.

The Plaintiffs in this class action are former and current tenants of residential property in Massachusetts leased to them by Defendants Archstone and several related entities. In their suit, the Plaintiffs challenged certain "amenity use fees," which, they alleged, were imposed by the Defendants in violation of the Massachusetts...

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