Litigation partner, Michael Gilleran, writes article for Massachusetts Lawyers Weekly, Tale of two 93As: sharp divergence between federal, state court, July 22, 2019.
This article is about one of the most critical issues in all of business litigation in Massachusetts. Chapter 93A applies to almost all business disputes in Massachusetts. It is brought in almost all business litigation in Massachusetts. The reason for this is that Chapter 93A has a very low standard of proof in that all the plaintiff must do is prove that the defendant engaged in an “unfair or deceptive” act in the conduct of any trade or commerce. And it has very powerful remedies in that a successful plaintiff is automatically entitled to have the defendant pay the plaintiff’s attorney’s fees. And if the defendant’s unfair or deceptive conduct was at least reckless then the plaintiff is also entitled to at least double or even treble that amount of its actual damages. This article provides definitive answers to questions that have vexed Massachusetts courts and litigants for almost 35 years. It will likely become the leading authority cited on this subject by Massachusetts courts for years to come.
Attorney Gilleran is the author of the leading book on Chapter 93A published by the largest national legal publisher, Thomson Reuters Westlaw. His many articles on Chapter 93A and intellectual property law have appeared in Massachusetts Lawyers Weekly, the American Bar Association Journal, and other leading legal publications. He is a litigation partner at the national law firm of FisherBroyles, LLP.