On Oct. 25, 2024, the United States District Court for the Northern District of California considered a motion to dismiss a putative nationwide class action for failure to state a
Continue Reading Federal Court Upholds Mass. 93A Claim for Medical Data Disclosure OmissionsFeatured
‘Unseemly’ Contract Breach Does Not Automatically Trigger Chapter 93A Liability: Mass. Appeals Court
On Oct. 10, the Massachusetts Appeals Court addressed when a breach of contract violates Chapter 93A in Green Paradise Servs., LLC. V. Hatch Landscape & Design, Inc.
In this case,…
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Can Courts Double or Triple ‘Nominal Damages’ for Willful Chapter 93A, Section 9 Violations?
No. Although a consumer-plaintiff may seek to double or treble actual damages for willful or knowing Chapter 93A violations, a court should not multiply Section 9’s $25 nominal damages award…
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Are ‘Per Violation’ Statutory Penalties Available to Consumers Under Chapter 93A, Section 9?
No. Chapter 93A, Section 9(3) expressly provides for only two forms of recovery: (1) actual damages or (2) $25 in statutory damages, whichever is greater. According to the Massachusetts…
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Illinois Brick’s Indirect Purchaser Bar Does Not Apply to Consumer Claims under Mass. Ch. 93A, Section 9
On Aug. 21, 2024, in In re Amitiza Antitrust Litig., the United States District Court for the District of Massachusetts dismissed a c.93A claim brought by a putative class…
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First Circuit Delves Into Interaction Between Massachusetts Gaming Commission Regulations and Chapter 93A, Section 9
On Sept. 23, 2024, the First Circuit Court of Appeals affirmed the district court’s entry of summary judgment for the defendant on the plaintiff’s Chapter 93A, Section 9 claim in…
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Courts Can Use Motions to Dismiss to Resolve Claims of Massachusetts Connections Establishing c. 93A, § 11 Jurisdiction
On Sept 11, 2024, in In re In re NCB Mgmt Servs., the U.S. District Court for the Eastern District of Pennsylvania dismissed a Chapter 93A claim and a…
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Mass. Appeals Court Concludes That Negligence Alone Does Not Violate Chapter 93A
On Sept. 12, 2024, the Appeals Court of Massachusetts upheld a trial court judge’s directed verdict of a plaintiff’s Chapter 93A, Section 9 claim in Simon v. Laundromax-104 Warrant St., …
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Mastering Massachusetts General Laws Chapter 93A —The Massachusetts “Consumer” Protection Act (Part IV) (PLI Current)
The Massachusetts Consumer Protection Act, Massachusetts General Laws Chapter 93A, prohibits “unfair methods of competition” and “unfair or deceptive acts or practices in the conduct of any trade or commerce.”…
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District Court Highlights Time-Honored Chapter 93A Principles in Denying Motion for Judgment on the Pleadings
On Sept. 4, 2024, the Hon. Julia E. Kobick issued an opinion detailing some of the fundamental differences between Section 9 (consumer) and Section 11 (business) claims under Chapter 93A.
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