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March 2, 2023
Where a defendant casino has moved for summary judgment on a G.L.c. 93A claim over coinless ticket redemption units, that motion should be allowed because no factfinder could reasonably conclude that the mere act of providing a ticket in lieu of coins is deceptive in the context of a Chapter 93A claim. âPlaintiff A. Richard
February 28, 2023
Where a plaintiff law firm has filed a G.L.c. 93A complaint against six defendants who left to start their own law firm after they copied, took, and then used electronic files and databases belonging to the plaintiff, the defendants are entitled to a judgment in their favor because their conduct did not cause the plaintiff
January 18, 2023
A summary of Massachusetts state and federal court decisions relating to General Laws Chapter 93A, the Massachusetts Consumer Protection Law, from Oct. 1 to Dec. 31, 2022. Supreme Judicial Court/Appeals Court Marengi v. 6 Forest Road LLC, 2022 Mass. LEXIS 566.
January 7, 2023
Where plaintiffs prevailed in a suit under G.L.c. 93A, their application for counsel fees and costs should be allowed in the amount of $275,204.60 in fees and $6,247.89 in costs. âIn this case, Plaintiffs Commonwealth Insurance Partners, LLC (âCIPâ), Beacon Insurance Alliance, LLC (âBeaconâ), and John F. Hegarty (collectively, âPlaintiffsâ) claimed that Mark Boucher, a
January 7, 2023
Where a plaintiff has filed a complaint alleging that the defendants conspired to wrongfully retransmit the signal from the plaintiffâs television broadcast station, the defendantsâ motion to dismiss based on the preemptive effect of the Copyright Act should be allowed as to the plaintiffâs Chapter 93A, conversion, and unjust enrichment claims. âPlaintiff WNAC, LLC (âWNACâ)
January 6, 2023
A Worcester Superior Court judge has granted certification to a class of heating oil customers in central Massachusetts who allege their supplier defrauded them by selling fuel that was diluted with biodiesel and yielded less energy than the fuel they believed they were purchasing. Last month, Judge William J. Ritter granted the plaintiffsâ motion for
January 4, 2023
Where a defendant hospital has been sued over its petition to seek temporary involuntary hospitalization of a plaintiff, the hospitalâs special motion to dismiss the plaintiffâs complaint under the anti-SLAPP statute (G.L.c. 231, §59H) should be denied because (1) the plaintiff is not complaining solely about the hospitalâs petitioning activity but also about the hospitalâs
December 20, 2022
Where plaintiffs have moved for reconsideration of a judgment entered after a bench trial, that motion should be allowed because it was error to award the plaintiffs only single damages under Chapter 93A. â⊠Specifically, the plaintiffs claim plain error of law in this courtâs original ruling that single damages were to be awarded for
December 13, 2022
Where a plaintiff obtained a default in a suit over property damage and loss that occurred during his move from California to Massachusetts, the plaintiffâs motion for entry of a default judgment should be denied without prejudice because the plaintiff has pleaded sufficient facts to establish liability but insufficient facts to establish his measure of
December 12, 2022
A Massachusetts insurance agency has edged closer to recovering damages from the online marketplace that allegedly sold without authorization the domain name of the agencyâs primary website. U.S. District Court Judge Richard G. Stearns recently denied a defense motion to dismiss in its entirety a lawsuit filed in June 2022 by Premier Shield Insurance against