On Sept. 22, 2025, Judge Sorokin of the District of Massachusetts dismissed all claims against Harvard College arising from a former faculty member’s suit against the university.
Plaintiff James Wines kept an appointment as an Instructor of Psychiatry at Harvard Medical School for almost 30 years while also employed at Mass General Brigham, a Harvard-affiliated
The United States District Court for the District of Massachusetts recently granted, in part, a motion for summary judgment in Powers v. Receivables Performance Management, LLC limiting the plaintiff’s damages in her Chapter 93A case to nominal damages.
Continue Reading Federal District Court Draws Clearer Line on Evidence Needed for Actual and Nominal Damages in Chapter 93A Claims
In Tries v. Cricones, home buyers prevailed at trial on their claims against home developers and sellers. Plaintiffs sued because defendants’ failed to disclose that the buyers’ yard was contaminated by Japanese knotweed, large shards of glass, and metal debris. A jury found for the plaintiffs on their private nuisance, breach of the implied
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 and plaintiffs’ motion for class certification. See Hayes v. Planet Fitness AssetCo., LLC (Oct. 7, 2024). The services contract provisions required club members to waive
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 claim under Massachusetts General Laws c. 93A.
In A.J. v. LMND Med. Grp., Inc., plaintiffs alleged that defendant surreptitiously collected and disclosed confidential medical
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 Supreme Judicial Court (SJC) in Leardi v. Brown, a $25 statutory damages award (also colloquially known as “nominal” damages) is intended to provide a
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 Schuster v. Wynn Resorts Holdings, LLC. In doing so, the First Circuit assessed how a casino’s required “internal controls” and the Massachusetts Gaming Commission’s
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 putative subclass of Massachusetts residents because the “center of gravity” of the conduct giving rise to the Chapter 93A claim did not occur primarily and
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., LLC.
In Simon, the plaintiff sued the defendant for injuries allegedly suffered when using defendant’s defective product. The plaintiff’s claims included breach of
The Massachusetts Consumer Protection Act (Gen. Law Ch. 93A) affords consumers – including residential borrowers – a private right of action to seek injunctive relief and damages caused by unfair or deceptive acts and practices. A lender or servicer liable under Chapter 93A is exposed to actual damages caused by the unfair or deceptive act