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.”
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.
David G. Thomas is quoted in a Massachusetts Lawyers Weekly article titled “AG Throws Down Chapter 93A Hammer on ‘Junk Fees.’”
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 illustrated by Pro Sports Servs. FI OY v. Grossman.
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
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.
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. First, whether the landlord was engaged in trade or commerce
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 under Chapter 93A, Section 2.
The underlying case concerned whether the
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. v. Compex Legal Servs. Liberty sued Compex for allegedly
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 state a valid claim, but there must ultimately be some