The District of Massachusetts continues to refine the contours of conduct occurring “primarily and substantially” within the Commonwealth that could give rise to a Chapter 93A Section 11 claim, as
Continue Reading When Is Conduct ‘Primarily and Substantially’ in Massachusetts Under Chapter 93A?
In Ortiz v. Eversource Energy, a putative class action, plaintiffs brought suit against Eversource Energy alleging that Eversource knowingly marketed natural gas and related services as clean and safe for residential consumers and the environment despite knowing this was not true. Allegedly, Eversource knowingly issued communications that were purposefully misleading and inconsistent with scientific studies.
Continue Reading The Chapter 93A Hurdle: Mass. Court Rejects ‘Artificial Price Inflation’ Claims in Energy Marketing Lawsuit
In order to state a viable Chapter 93A, § 11 claim, a plaintiff must make specific, factual allegations about the conduct that occurred primarily and substantially within the Commonwealth of Massachusetts.
Continue Reading Mass. Chapter 93A Claims Require Specific In-State Conduct
In another appeal of a summary process action, the Massachusetts Appeals Court addressed two questions related to Chapter 93A on appeal in 133 W. Main St. Realty, LLC v. Kimball
Continue Reading Mass. Appeals Court Clarifies Chapter 93A Application in Landlord-Tenant Disputes
In Bucci v. Campbell, the Massachusetts Appeals Court, in a summary decision, clarified standards that govern a trial court’s conclusions about whether acts or practices are unfair or deceptive
Continue Reading Mass. Appeals Court Clarifies Chapter 93A, Section 2 Standards: Takeaways from Bucci v. Campbell
The United States District Court for the Middle District of Florida recently addressed the pleading requirements for Chapter 93A, Section 11 claims in the case of Liberty Mut. Ins. Co.
Continue Reading Federal Court in Florida Clarifies Chapter 93A, Section 11 Claim Pleading Requirements
To pursue a Chapter 93A claim, there must be some business, commercial, or transactional relationship between the plaintiff(s) and the defendant(s). An indirect commercial link—such as upstream purchasers—may be sufficient to
Continue Reading No Business Transaction, No Chapter 93A Claim: Mass. Courts Clarify Requirements
The scope of Chapter 93A is not unlimited, as the Appeals Court of Massachusetts recently confirmed in Beaudoin v. Massachusetts School of Law at Andover, Inc. The case involved
Continue Reading The Boundaries of Chapter 93A
In Sowa v. Mercedes-Benz Grp. AG and Mercedes-Benz USA, LLC, purchasers of certain Mercedes Benz vehicles from 17 states brought a putative class action against the automaker alleging that
Continue Reading Chapter 93A Notice Requirements in Multi-State Class Actions