United States First Circuit

A decision striking a class action waiver contained in a company-imposed arbitration/dispute resolution program, is affirmed on grounds of unconscionability under Massachusetts state law and thus under the Federal Arbitration Act, 9 U.S.C. sections 1-16. The court does not reach the argument that waivers of class actions themselves violate either the FLSA or public policy. The question of whether plaintiffs otherwise meet the requirements for a class action are for the arbitrator to decide.

Appellate Information

• Decided 11/19/2007
• Published 11/19/2007

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David S. Rosenthal, with whom Carrie J. Campion, Jeffrey B. Gilbreth, and Nixon Peabody LLP were on brief, for Dynamics Research Corporation., Martin J. Newhouse, Ben Robbins, and New England Legal Foundation on brief for New England Legal Foundation and Associated Industries of Massachusetts, amici curiae., Shannon Liss-Riordan, with whom Hillary Schwab, Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C., and Elayne N. Alanis were on brief, for Joseph Skirchak and Barry L. Aldrich., John Roddy, Elizabeth Ryan, and Roddy, Klein & Ryan on brief for Public Justice, amicus curiae.