In Clear Blue Specialty Ins. Co. v. R-SVP II, L.L.C., the Massachusetts Superior Court applied Chapter 93A to the parties’ dispute despite the existence of a New York choice-of-law provision in the parties’ contract.
Continue Reading New York Choice-of-Law Clause Does Not Bar Chapter 93A Claims in Reinsurance Dispute
In a long-running Massachusetts foreclosure case, Wells Fargo Bank, N.A. v. Coulsey, the Massachusetts Appeals Court weighed in on the applicability and limits of Chapter 93A.
Continue Reading Chapter 93A and the Limits of Consumer Protection: Lessons From Wells Fargo Bank, N.A. v. Coulsey
In Wicked-Lite Supply, Inc. v. Woodforest Lighting, Inc., the Massachusetts Appeals Court examined whether a seller’s conduct in a commercial lighting transaction violated Chapter 93A, Sections 2 and 11, and if the conduct was knowing or willful enough to warrant multiple damages.
Continue Reading Massachusetts Appeals Court Affirms Treble Damages for Knowing Chapter 93A Violation
The Superior Court of Massachusetts recently weighed in on the necessity of entering a permanent injunction under Chapter 93A, Section 4, in Commonwealth v. Mega Life & Health Ins. Co
Continue Reading Massachusetts Court Denies Permanent Injunction in Chapter 93A Case: Insufficient Evidence of Ongoing or Future Violations
In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9.
Continue Reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
This case demonstrates the scope of the “loss of money or property” requirement for Section 11 claims.
Continue Reading Unfair Competition and Chapter 93A: Takeaways from Governo Law Firm LLC v. Bergeron
Retailers looking to avoid costly litigation that’s on the rise in recent years should remember two simple maxims: “Rule number one: the customer is always right. Rule number two: If the customer is wrong, please refer to rule number one.”
Continue Reading Are Customers Always Right? Massachusetts’ Chapter 93A Says Yes
In Dworman v. PHH Mortg. Servs., the District of Massachusetts recently issued a decision that deals with various aspects of Chapter 93A jurisprudence. Some of the court’s statements about Chapter 93A, however, may benefit from clarification.
Continue Reading Mass. Chapter 93A Clarifications: Understanding Demand Letters and Contract Breaches in Dworman v. PHH Mortgage
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