Damages – Discovery failures
Where, in a suit involving allegations of fraud, unjust enrichment, G.L.c. 93A violations and breach of the duty of loyalty, judgment as to liability has entered against the defendants as a sanction...
View ArticleCivil practice – Default – Damages
Where a judge entered a judgment of default, dismissing with prejudice the action against the defendants and ordering single damages of $53,188.77, we hold that these aspects of the judgment should be...
View ArticleCourt asked to define damages in labor cases
The Supreme Judicial Court is being asked to define the scope of recoverable damages in a closely-watched case involving a commercial cleaning services franchisor that misclassified franchisees as...
View ArticleReal property – Easement
Where a judge has ruled that the defendants have acquired an easement by prescription and that the plaintiffs must be barred from obstructing it, such a ruling was proper and will be affirmed. By...
View ArticleDamages – Property suit
Where the Appeals Court has remanded the present real estate case to this court for a recalculation of the damages to be paid to the plaintiffs, I have performed the recalculation and find the...
View ArticleCopyright – Infringement – Damages
Where the defendant owner of a small bar played copyrighted songs from a jukebox without a license and thus engaged in copyright infringement, the plaintiff copyright holders will be awarded damages of...
View ArticleDamages – Breach of contract
Where a jury has awarded homeowners $217,308 on their breach of contract, negligence and violation of G.L.c. 93A claims against a designer-builder, I find (1) that the G.L.c. 93A damages should be...
View ArticleAttorneys – Legal malpractice – Damages
Where a defendant found liable by a jury of legal malpractice argues that the verdict should be reduced based on a contingent fee with the plaintiff client, that argument must be rejected on equitable...
View ArticleDamages – Prejudgment interest
Where damages, counsel fees and interest were awarded to the defendants in a land contract suit, we hold that the judgment should in large part be affirmed but that a remand should be ordered for a...
View ArticleContract – Breach of noncompete agreement
Where (1) a plaintiff corporation sued a defendant individual, seeking to hold him personally liable for breach of a sales and service agreement containing a noncompetition provision, (2) a judge sent...
View ArticleLitigation costs found reasonable under 93A
Costs a plaintiff incurred litigating a motor vehicle tort claim that an insurer delayed settling until the eve of trial should have been factored into the damages calculus for the plaintiff’s...
View ArticleLawyers discovering strategic challenges in new damages law
Legislation allowing lawyers to suggest a specific amount of damages to the jury during civil trials was celebrated by the plaintiffs’ bar when it was approved last year. Put in practice in recent...
View ArticleThe jury awards large damages; now what?
The jury has just rendered a large damage award to the plaintiff in your tort case. Now what do you do if you are counsel for the defendant, and what can you expect if you are counsel for the...
View ArticleReal property – Easement
Where a judge has ruled that the defendants have acquired an easement by prescription and that the plaintiffs must be barred from obstructing it, such a ruling was proper and will be affirmed. By...
View ArticleDamages – Property suit
Where the Appeals Court has remanded the present real estate case to this court for a recalculation of the damages to be paid to the plaintiffs, I have performed the recalculation and find the...
View ArticleCopyright – Infringement – Damages
Where the defendant owner of a small bar played copyrighted songs from a jukebox without a license and thus engaged in copyright infringement, the plaintiff copyright holders will be awarded damages of...
View ArticleDamages – Breach of contract
Where a jury has awarded homeowners $217,308 on their breach of contract, negligence and violation of G.L.c. 93A claims against a designer-builder, I find (1) that the G.L.c. 93A damages should be...
View ArticleAttorneys – Legal malpractice – Damages
Where a defendant found liable by a jury of legal malpractice argues that the verdict should be reduced based on a contingent fee with the plaintiff client, that argument must be rejected on equitable...
View ArticleDamages – Prejudgment interest
Where damages, counsel fees and interest were awarded to the defendants in a land contract suit, we hold that the judgment should in large part be affirmed but that a remand should be ordered for a...
View ArticleContract – Breach of noncompete agreement
Where (1) a plaintiff corporation sued a defendant individual, seeking to hold him personally liable for breach of a sales and service agreement containing a noncompetition provision, (2) a judge sent...
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