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 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

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
  • Massachusetts Supreme Judicial Court invalidates agency guidelines for non-compliance with Administrative Procedures Act.
  • Strict adherence to state administrative procedures is crucial for enforceable regulations.
  • Negotiated rulemaking (“Reg-Neg”) offers potential benefits
Continue Reading State Agency Rulemaking: Beyond Minimum Compliance