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Expert Analysis

Mass. At Last Acquiesces To High Court On Arbitration

Law360, New York (June 3, 2015, 1:39 PM EDT) -- When the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion, upholding an innovative strategy to thwart class actions by diverting claims to arbitration, the high court in Massachusetts declined to take that approach. Slowly but surely, the Massachusetts Supreme Judicial Court has realized that it has no choice. Its April 13, 2015, decision in Machado v. System4 LLC is the latest case in which arbitration clauses have trumped Massachusetts public policy favoring class actions. A similar process will likely play out in other states....

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