Legal Opinion

Feeney v. Dell Inc.

Massachusetts Supreme Judicial Court

Decided July 2, 2009PublishedCited by 55 opinions

1Opinion of the CourtMarshall, C.J.

We decide in this case whether a statutory right to participate in class action lawsuits can permissibly be foreclosed by a provision in a consumer contract compelling individual arbitration. The plaintiffs, John A. Feeney and Ded-ham Health and Athletic Complex (Dedham Health), appeal from an order of a judge in the Superior Court compelling arbitration of their claims — brought as a putative class action — alleging that Dell improperly collected Massachusetts sales tax on the purchase of optional service contracts sold in connection with the purchase of Dell computers when (according to the…

2Cases cited63 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  3. Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
  4. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  5. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974

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3Cited by55 opinions

  1. Chris Cardoni v. Prosperity BankCourt of Appeals for the Fifth Circuit · 2015
  2. A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 2018
  3. Kunelius v. Town of StowCourt of Appeals for the First Circuit · 2009
  4. Machado v. System4 LLCMassachusetts Supreme Judicial Court · 2015
  5. Carter's of New Bedford, Inc. v. Nike, Inc.Court of Appeals for the First Circuit · 2015

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