Ryan Daly, et al. v. Alexis Chechowitz, et al.

Whether the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), pursuant to Article VI of the United States Constitution (“Supremacy Clause”), preempts Mass. R. Civ. P. 23 (which does not contain an “opt-out” provision), where Middlesex County Superior Court (“MSC”) granted Respondents ALEXIS C HECHOWITZ (“Ms. Chechowitz”) and A MEER ABDULLAH’s (“Mr. Abdullah”) (Ms. Chechowitz and Mr. Abdullah collectively, “Plaintiffs”) Assented-To Motion for Final Approval of Class Action Settlement (“FAM”) pursuant to Mass. R. Civ. P. 23(c), in violation of the express terms of Petitioners’ valid, enforceable arbitration agreements and where Petitioners were actively pursuing their claims for unpaid wages in arbitration against AUTOFAIR INC. (“AI”), HAVERHILL FORD, LLC (“HFLLC”), and HAVERHILL SUBARU, LLC (“HSLLC”) (AI, HFLLC, and HSLLC collectively, “Employers”) (who willingly submitted to arbitration without objection) for approximately ten (10) months before Plaintiffs and Employers attempted to settle Petitioners’ pending arbitration claims in the separate litigation before the MSC without Petitioners’ consent?

Whether the Massachusetts Appeals Court (“MAC”) erred as a matter of law when it affirmed the MSC’s order granting Plaintiffs’ FAM over Petitioner’s objection?

Whether the MAC erred by applying the incorrect standard of review – abuse of discretion – in ruling that the FAM was “fair and reasonable” and in the “best interest of the class” pursuant to Mass. R. Civ. P. 23, instead of applying the de novo standard of review on a purely legal question of law, where