Page 2 - Chapter 93a News Today

Where a putative class action has been brought against a defendant manufacturer of vehicles that were fitted with an allegedly defective engine, the defendant’s motion to dismiss should be (1) denied as to the plaintiff’s Chapter 93A and unjust enrichment counts and a claim for breach of express warranty and (2) allowed as to claims

Where a plaintiff general contractor alleged that the defendant insurance company failed to pay or reimburse any of the general contractor’s defense costs in a negligence action brought by an injured employee of a subcontractor, a judgment dismissing the complaint must be vacated in part because (1) the plaintiff adequately pleaded a breach of contract

Where a plaintiff has brought a putative consumer class action alleging that the defendants sell pet food they have advertised as safe without disclosing that the foods contained some amounts of arsenic, mercury, lead, cadmium and Bisphenol A (BPA), the complaint must be dismissed because the plaintiff fails to identify any objective basis for her

(DEPOSIT PHOTOS) Dunkin’ Donuts customers are routinely overcharged when placing orders from their cellphones using the app provided by the national coffee and baked goods chain, according to a newly filed federal class action. “[T]he total charged to a customer, as calculated by the Mobile Application, systematically exceeded the displayed prices for individual items when

(DEPOSIT PHOTOS) A federal judge has tossed a lawsuit filed by a New York gambler who claims the cash-out procedures for Encore Boston Harbor’s slot machines are rigged to shortchange players. According to plaintiff A. Richard Schuster, the problem with the slot machines at the Wynn Resort casino in Everett boils down to the fact

Where a plaintiff filed a complaint alleging that the defendant insurance company improperly failed to pay damages for the “inherent diminution in value” of his automobile after an accident caused by one of its insureds, the plaintiff’s motion for leave to amend the complaint to add new claims under Chapters 93A and 176D should be

Where a plaintiff has filed a putative class action under G.L.c. 93A over a defendant insurance company’s use of a “projected sold adjustment” in determining the actual cash value of a damaged vehicle, the plaintiff has sufficiently pleaded a violation of Chapter 93A based upon the predicate of a violation of G.L.c. 176D, §3(9)(a), but

Where the commonwealth has filed a complaint alleging that Grubhub violated the delivery fee cap statute, the commonwealth’s motion for summary judgment should be allowed because the statute unambiguously includes order processing fees. “Grubhub argues that it is entitled to summary judgment because it did not violate the Delivery Fee Cap Statute. In the alternative,

A Superior Court judge has found that six attorneys who departed their firm to start a competing firm did not violate Chapter 93A by copying client files and databases before they left. The defendants, non-equity partners of the now-defunct plaintiff Governo Law Firm in Boston, took a large chunk of GLF’s business when they left

Where the commonwealth has requested a preliminary injunction against a defendant in the business of making high-interest loans to homeowners, that request should be granted because the commonwealth is likely to succeed in proving that the defendant has engaged in a pattern of unfair and deceptive conduct in violation of G.L.c. 93A. “MV Realty PBC,