Date & Time: Wednesday, April 10, 2024 from 4:00 pm – 6:00 pm ET
Webinar Fee: $65
This Program is Online Only
Faculty:
Hon. Claudine A. Cloutier, Superior Court
Hon. Brian A. Davis, Superior Court
Michael C. Gilleran, Esq., Fisher & Broyles, Author of The Law of Chapter 93A, 2d (Vol. 52, Massachusetts Practice Series)
Chapter 93A is complex and often confusing. This two-hour program will not only cover the statutory framework, leading cases, the hottest new cases, but the judges will also provide insightful practice tips and pointers addressing issues that frequently during the course of litigation.
The presenters have prepared extensive annotated course materials presentation, which practitioners can use to help practitioners cut through the many perplexing issues that predictably occur in 93A cases.
Program topics include:
- Statutory Basics
- Defining “Unfair or Deceptive Acts or Practices” – Many Cases, Many Standards
- Jurisdiction and “Primarily and Substantially” Test – Split on Whether Test can be Decided on Motion to Dismiss
- Demand Letters
- The Difference Between Claims Under Section 9 and Claims Under Section 11
- Recent SJC Announcement of Simplified Multi-part Tests under Sections 9 and 11
- The Types of Cases in which 93A Claims Often Appear
- H1 Lincoln v. South Washington Street – SJC’s Pathbreaking Decision that 93A can Overcome Contractual Limitations of Liability
- Increasing Role of 93A in Intellectual Property and the Plethora of 93A False Advertising Cases
- Trying Chapter 93A Claims – Tried to Court or Jury?
- Multiple Damages, Attorneys Fees, and Interest
- “Super” Advisory Verdicts – Verdict can be Based on Mere Pleadings and Argument – Not Just Testimony
- The Role of Defendant’s State of Mind
- State v. Federal Court – Federal Courts Are Falling Back from a Much Higher Standard
- Rules & Strategy in Seeking Attorney’s Fees; Fair Hourly Rate Must be Based on More than Attorney’s Say-so
- 2023 SJC Decision in Governo Law Firm, LLC Reduces Claim that Some Exception to 93A Applies