The Massachusetts Supreme Judicial Court Reluctantly Agrees That Its June 2013 Decision On Class Arbitration Waivers Is No Longer Good Law

After the Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (AmEx) (here), many questioned whether AmEx abrogated other state court decisions that had invalidated class arbitration agreements based on the “effective vindication” doctrine.

Today (here), the Massachusetts Supreme Judicial Court (SJC) answered that question.  The SJC acknowledged that AmEx abrogated its decision in Feeney v. Dell (issued eight days before AmEx), and held that class arbitration waivers may not be invalidated in Massachusetts on the grounds that they effectively deny plaintiffs a remedy.

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