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 may be awarded up to three times its actual damages (neither of these enhanced damages is possible under regular Massachusetts law).
In addition, 93A is vague and has a low threshold of proof necessary to establish liability. Finally, 93A is extremely complex in that it has many inclusions, exclusions, permutations and penumbras, and there are tens of thousands of decided cases creating precedent dealing with the law. The slightest advantage in knowledge of the Chapter 93A statute, and the many cases applying it, can make the difference between a tremendous victory for triple damages and attorney's fees or a catastrophic loss for the same. This update is intended to familiarize the reader with some of the recent leading cases that interpret and apply Chapter 93A.
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