Overturning his own bench decision certifying the class, on Nov. 26, 2024, the Honorable William G. Young decertified the nationwide class in Ortiz v. Saba Univ. Sch. of Med.
Continue Reading Chapter 93A Application Limited in Nationwide Class Actions: District of Massachusetts
On Nov. 13, 2024, in Finnegan v. Mass. Coll. of Pharm, the District of Massachusetts considered a motion to dismiss plaintiff’s claim of unfair and deceptive business practices pursuant
Continue Reading Lesson Learned: Chapter 93A Claim Dismissed Against Nonprofit College
The District of Massachusetts recently issued two decisions addressing the “primarily and substantially” within Massachusetts requirement for Mass. Gen. Laws c. 93A, Section 11 claims. In each case, the court
Continue Reading Mass. District Court Finds Conduct Fails ‘Center of Gravity’ Test in 2 Ch. 93A Cases
In a case challenging certain provisions in a health club’s form contract and alleging Chapter 93A violations, the Suffolk County Superior Court in Massachusetts considered defendants’ motion for summary judgment
Continue Reading No Harm, No Foul: Court Rejects 93A Claim Notwithstanding Health Club Act Violation
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 Omissions
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,
Continue Reading ‘Unseemly’ Contract Breach Does Not Automatically Trigger Chapter 93A Liability: Mass. Appeals Court
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
Continue Reading Can Courts Double or Triple ‘Nominal Damages’ for Willful Chapter 93A, Section 9 Violations?
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
Continue Reading Are ‘Per Violation’ Statutory Penalties Available to Consumers Under Chapter 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
Continue Reading Illinois Brick’s Indirect Purchaser Bar Does Not Apply to Consumer Claims under Mass. Ch. 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
Continue Reading First Circuit Delves Into Interaction Between Massachusetts Gaming Commission Regulations and Chapter 93A, Section 9