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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 plaintiffs’ motion for
Where a defendant hospital has been sued over its petition to seek temporary involuntary hospitalization of a plaintiff, the hospital’s special motion to dismiss the plaintiff’s complaint under the anti-SLAPP statute (G.L.c. 231, §59H) should be denied because (1) the plaintiff is not complaining solely about the hospital’s petitioning activity but also about the hospital’s
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. “… Specifically, the plaintiffs claim plain error of law in this court’s original ruling that single damages were to be awarded for
Where a plaintiff obtained a default in a suit over property damage and loss that occurred during his move from California to Massachusetts, the plaintiff’s 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
A Massachusetts insurance agency has edged closer to recovering damages from the online marketplace that allegedly sold without authorization the domain name of the agency’s 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