FEENEY v. DELL INC.

No. SJC-11133.

465 Mass. 470 (2013)

JOHN A. FEENEY & another v. DELL INC. & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 12, 2013.


Attorney(s) appearing for the Case

John A. Shope ( Eric A. Haskell with him) for the defendants.

Edward D. Rapacki for the plaintiffs.

The following submitted briefs for amici curiae:

Scott L. Nelson , of the District of Columbia, & Matthew W.H. Wessler for Public Justice, P.C., & another.

Robin S. Conrad , Kate Comerford Todd , & Shane B. Kawka , of the District of Columbia, Alan E. Schoenfeld , of New York, & Mark C. Fleming for Chamber of Commerce of the United States of America.

Deborah J. La Fetra , of California, & Donald R. Pinto, Jr. , for Pacific Legal Foundation.

Ben Robbins & Martin J. Newhouse for New England Legal Foundation.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


CORDY, J.

We decide in this case whether a class action waiver provision in an arbitration clause in a consumer contract is enforceable where the plaintiff can demonstrate, as a factual matter, that the class action waiver effectively denies him or her a remedy and insulates the defendant from private civil liability for violations of State law. In doing so, we must consider the extent to which the United States Supreme Court's decision in AT&T Mobility LLC...

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