Litigation Group Scores for Massachusetts Health Club

January 24, 2006

The firm won a crucial victory for its client Boston Sports Clubs in Massachusetts’ highest court, when, in a closely watched case, the court departed from long-standing precedent and dismissed a consumer class action that had been brought against the fitness club chain. It had long been the law in Massachusetts – reaffirmed by the high court as recently as last year – that consumers could bring a class action alleging they were “injured” by an illegal contract – whether that contract adversely affected consumers or not. The consumers were entitled to a statutory damage award of $25 each. Boston Sports Clubs was sued on just such a theory by a class of plaintiffs who alleged that all the clubs’ members had been injured by alleged defects in their membership agreement. The firm convinced the trial court that Massachusetts’ long-standing precedents should be limited to their facts. After summary judgment was granted to BSC, the Massachusetts high court sua sponte seized jurisdiction over the case and affirmed the win below. Partner Saul Shapiro and Associates Ilene Strauss and Travis J. Tu worked on the matter.