Feeney v. Dell, Inc.

Wilkins, Douglas H., J.

The defendants, Dell, Inc. and certain affiliates (collectively, “Dell”), argue that this Court must disregard the Supreme Judicial Court’s rescript invalidating Dell’s arbitration agreement in this very case, Feeney v. Dell, Inc., 454 Mass. 192 (2009), because of the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011). In the plaintiffs’ view, that would amount to disobedience.

These arguments arise in a putative consumer class action brought by the late John A. Feeney3 and Ded-ham Health and Athletic Club challenging Dell’s…