Posts tagged "Machado"

Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-059-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11681

EDSON TELES MACHADO & others[1]  vs.  SYSTEM4 LLC & another.[2]

Norfolk.     December 4, 2014. – April 13, 2015.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Massachusetts Wage ActContract, Franchise agreement, Arbitration.  Arbitration, Damages, Arbitrable question.

Civil action commenced in the Superior Court Department on March 24, 2010.

Following review by this court, 465 Mass. 508 and 466 Mass. 1004 (2013), a motion for a ruling that an arbitration clause did not apply to certain claims was heard by Patrick F. Brady, J. read more

Read more...

Posted by Massachusetts Legal Resources - April 13, 2015 at 2:48 pm

Categories: News   Tags: , , , ,

Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-143-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11175a

EDSON TELES MACHADO & others[1]  vs.  SYSTEM4 LLC & another.[2]

August 1, 2013.

Massachusetts Wage ActContract, Arbitration.  Arbitration, Waiver, Damages.  Public PolicyFederal PreemptionPractice, Civil, Class action.

In Machado v. System4 LLC, 465 Mass. 508 (2013) (Machado), we applied our holding from Feeney v. Dell Inc., 465 Mass. 470 (2013) (Feeney II), that, following the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), a court may properly invalidate a class waiver in an arbitration agreement if a plaintiff “can demonstrate that he or she effectively cannot pursue a claim against [a] defendant in individual arbitration according to the terms of the agreement.”  Machado, supra at 513, quoting Feeney II, supra at 472.  In applying that holding to the facts of the case, we concluded that the plaintiffs could not make such a demonstration, and accordingly reversed the decision of a judge in the Superior Court invalidating that class waiver on public policy grounds.  Machado, supra at 516-517.  Following the release of the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013) (Amex), which called into question the viability of our holding in Feeney II, we stayed the rescript in Machado and invited the parties to submit their views on the impact, if any, of Amex on our decision in Machado.  The plaintiffs did not submit a timely response.  The defendants submitted a response expressing their view that Amex had in fact abrogated our decision in Feeney II, but did not directly affect our holding in Machado because we ultimately declined to invalidate the class waiver in that case.  We agree with the defendants that Amex abrogates so much of our analysis in Machado as relies on our decision in Feeney II.  See Feeney v. Dell Inc., ante 1001,      (2013).  Our analysis on the issue of the waiver of multiple damages, as well as our ultimate holding, remain sound.  The case is hereby remanded to the Superior Court for further proceedings consistent with this opinion. read more

Read more...

Posted by Massachusetts Legal Resources - August 1, 2013 at 6:26 pm

Categories: News   Tags: , , , ,

Machado, et al. v. System4 LLC, et al. (Lawyers Weekly No. 10-104-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11175

EDSON TELES MACHADO & others[1]  vs.  SYSTEM4 LLC & another.[2]

Norfolk.     December 4, 2012.  ‑  June 12, 2013.

Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

Massachusetts Wage ActContract, Arbitration.  Arbitration, Waiver, Damages.  Public PolicyFederal PreemptionPractice, Civil, Class action.

Civil action commenced in the Superior Court Department on March 24, 2010.

A motion to stay was heard by Patrick F. Brady, J., and a motion for reconsideration was considered by him. read more

Read more...

Posted by Massachusetts Legal Resources - June 12, 2013 at 11:25 pm

Categories: News   Tags: , , , ,