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FEENEY v. DELL INC.

SJC-10259

454 Mass. 192 (2009)

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

Supreme Judicial Court of Massachusetts, Middlesex.

July 2, 2009.

Attorney(s) appearing for the Case

Edward D. Rapacki (Joseph M. Makalusky with him) for the plaintiffs.

John A. Shope (Kirk G. Hanson with him) for the defendants.

The following submitted briefs for amici curiae:

Dwight Golann, pro se.

Ben Robbins, Martin J. Newhouse, & Jo Ann Shotwell Kaplan for New England Legal Foundation & others.

Martha Coakley, Attorney General, & Matthew H. Schrumpf & Jennifer Grace Miller, Assistant Attorneys General, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, & BOTSFORD, JJ.

MARSHALL, 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 Dedham 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...

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