News & Analysis as of

Chapter 93A

Conn Kavanaugh

Recent Federal and State Decisions Clarify Business Litigation under Chapter 93A

Conn Kavanaugh on

Here is a breakdown on how new Federal and State decisions clarify Massachusetts Chapter 93A Unfair and Deceptive Trade Practices Law in Business-to-Business Disputes - A flurry of judicial decisions in spring 2023 has...more

Nutter McClennen & Fish LLP

Massachusetts Court Dismisses Robotics Company’s Chapter 93A Claim Because Company Did Not Allege Former Employee Used or...

In Vicarious Surgical Inc. v. Beth Tragakis, Judge Salinger, sitting in the Massachusetts Business Litigation Session, dismissed a robotics company’s Chapter 93A claim for lack of any allegations that the robotics company was...more

Nutter McClennen & Fish LLP

Massachusetts Judge’s Decision Underscores Importance of Segregating Fees Attributable to Work Performed on Successful Chapter 93A...

Where a party prevails on a Chapter 93A claim, the party should submit a fee application that segregates the fees for the work necessary to prevail on the Chapter 93A claim. That’s the key takeaway from Commonwealth Insurance...more

Nutter McClennen & Fish LLP

Massachusetts Court Bars “Reasonable Royalty” Evidence Based on Law of the Case Doctrine

After successfully appealing a judgement and obtaining a remand of its Chapter 93A claim to the Massachusetts BLS, the Governo Law Firm moved to admit expert testimony about a “reasonable royalty” measure of damages. Governo...more

Burns & Levinson LLP

Can You Contract Away Chapter 93A Liability?

Burns & Levinson LLP on

Massachusetts General Laws Chapter 93A is one of the most potent weapons in any business litigator’s arsenal. That statute prohibits deceptive or unfair acts or practices in the course of trade or commerce, and it allows for...more

Nutter McClennen & Fish LLP

In COVID-19 Trip Cancellation Dispute, Judge Ricciuti Allows Massachusetts Consumer Protection Claim to Proceed

Judge Ricciuti ruled that the plaintiff, whose educational-travel trip was cancelled because of the COVID-19 pandemic, stated a viable Chapter 93A claim that the contractual remedy provided by the tour operator improperly...more

Sullivan & Worcester

SJC Rejects Contractual Liability Waivers for “Willful or Knowing” Violations of Chapter 93A

Sullivan & Worcester on

On January 24, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous decision directly curtailing the enforceability of limitation of liability provisions in the context of willful or knowing violations of...more

Goodwin

Commercial Leasing in Massachusetts: Contractual Limitation of Liability Provisions Unenforceable for Willful or Knowing...

Goodwin on

The Massachusetts Supreme Judicial Court on January 24 issued an important decision impacting commercial landlords’ potential exposure to liability for multiple damages under Chapter 93A in H1 Lincoln, Inc. vs. South...more

Foley Hoag LLP - Environmental Law

Massachusetts Claims Against ExxonMobil Survive — Wave of the Future or Litigation Sideshow?

This week, Judge Karen Green denied Exxon Mobil’s motion to dismiss claims brought by Massachusetts under its Consumer Protection Act. The complaint alleges that Exxon Mobil both mislead Massachusetts investors in its...more

Nutter McClennen & Fish LLP

Despite Difficulty Discerning Good Faith Basis for 93A Claim, Judge Salinger Denies Motion for Sanctions

After prevailing at trial, Cedar Hill Retreat Center sought sanctions against the plaintiffs under G.L. c. 231, § 6F. That statute authorizes a judge to award a moving party reasonable attorneys’ fees and costs if the judge...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

Pierce Atwood LLP on

Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

Nutter McClennen & Fish LLP

Public Entities Potentially Liable Under Chapter 93A

In a case concerning allegedly unfair student loan collection practices, Judge Salinger concluded that a Pennsylvania public corporation, the Pennsylvania Higher Education Assistance Agency (PHEAA), is a “person” potentially...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter - August 2018

Goulston & Storrs PC on

Three recent trial court decisions address issues that may be of interest to estate planning and administration lawyers, as well as probate and fiduciary litigators...more

Nutter McClennen & Fish LLP

Plaintiff’s Chapter 93A Claim Boomerangs When Plaintiff Moves to Dismiss Chapter 93A Counterclaim

A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois....more

Nutter McClennen & Fish LLP

Gold’s Gym Debt Collector Escapes Chapter 93A Liability Where No ‘Separate’and ‘Distinct’ Injury Alleged

Judge Salinger granted summary judgment in favor of a defendant that violated Massachusetts debt collection law where a plaintiff failed to show an injury “separate” and “distinct” from the regulatory violation....more

Robinson+Cole Property Insurance Coverage...

Massachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court Opinion

The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide...more

Pierce Atwood LLP

When you get what you pay for: the First Circuit examines the injury requirement under Massachusetts chapter 93A.

Pierce Atwood LLP on

On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on...more

Goodwin

Business Litigation Reporter - April 2017

Goodwin on

Representations and Warranties Insurance Policies – Lessons from the Claims Process - Representations and warranties insurance policies (R&WI Policies)—designed to protect parties from loss arising from breaches of...more

Burns & Levinson LLP

Chapter 93A's Increasing Role in IP Litigation in Massachusetts

Burns & Levinson LLP on

Chapter 93A, with its low and vague standards of liability and powerful remedies of multiple damages and attorneys, is playing an increasingly central role in intellectual property disputes in Massachusetts. ...more

Burns & Levinson LLP

Leading Cases on Chapter 93A

Burns & Levinson LLP on

Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

Burns & Levinson LLP

Update on Chapter 93A

Burns & Levinson LLP on

Chapter 93A is the dominant law in Massachusetts governing business litigation. It applies to nearly all business disputes. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and...more

K&L Gates LLP

Two for the Price of One? The First Circuit Holds that a Violation of the FDCPA is a Per Se Violation of the Massachusetts...

K&L Gates LLP on

A recent decision by the United States Court of Appeals for the First Circuit, McDermott v. Marcus, Errico, Emmer & Brooks, P.C., may have broad implications for persons and entities involved in debt-collection activities in...more

Adler Pollock & Sheehan P.C.

Summary Update On The Law Of Chapter 93a

Standards Governing Business Claims Under 93A ¦ Higher standard applies for business plaintiffs. More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to...more

Burns & Levinson LLP

Exercising Contractual Rights Can be Risky if it is for an Ulterior Purpose

Burns & Levinson LLP on

As I discussed in “Be Cautions When Tempted to Leverage Another into an Agreement,” exerting leverage to force a business partner into settling a dispute could constitute deceptive or unfair acts or practices in violation of...more

Adler Pollock & Sheehan P.C.

2013 Update on Chapter 93A

1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more

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