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Damages – Public records law
Where (1) two defendants did not comply with a request for documents under the under the public records law (G.L.c. 66), (2) the plaintiffs filed suit in January 2023, and (3) the records were produced in October 2023, the plaintiffs are entitled to legal fees and costs but not punitive damages.
Landlord and tenant – Fees – Setoff
Where (1) a Housing Court judge, finding that the defendant tenant owed rent to the plaintiff landlord, awarded the landlord damages and fees and (2) on the tenant's counterclaims for breach of the implied warranty of habitability and unfair or deceptive business practices, the judge awarded the tenant damages and fees, the judgments impermissibly set off the parties' fee awards against each other[...]
Corporate – Fees – Chapter 156D
Where a plaintiff who sued to enforce her right to certain books and records has requested counsel fees and costs in the amount of $80,023.34 under G.L.c. 156D, §16.04(c), that request should be granted but only in the amount of $68,854.59.
Rule on appellate attorneys’ fees amended
The Supreme Judicial Court has approved amendments to Rule 25 of the Massachusetts Rules of Appellate Procedure, effective Sept. 1.
Civil practice – Contempt – Fees
Where (1) two plaintiffs brought suit in Bristol Superior Court, (2) after removal, the case was remanded to state court, and (3) the defendants were ordered to pay counsel fees in the amount of $6,900 pursuant to 28 U.S.C. §1447(c), a motion by the plaintiffs to hold the defendants in contempt of the fee order should be allowed because the plaintiffs have met their burden of demonstrating the de[...]
Immigration – Fees – EAJA
Where a petitioner who successfully sought habeas corpus relief has moved for an award of fees and expenses under the Equal Access to Justice Act, that motion should be allowed because (1) immigration habeas petitions are “civil actions” within the meaning of the EAJA and (2) the respondents’ positions have been substantially unjustified at every turn.
Bill aims to limit subrogation claims against PI recoveries
Massachusetts lawmakers are considering a bill requiring health insurers to share litigation costs and allowing courts to reduce liens in injury cases.
Workers’ compensation – Documentation – Counsel fees
Where an administrative judge awarded an employee temporary total incapacity benefits plus §30 medical benefits, that decision should be affirmed despite the self-insurer’s argument that the employee failed to file his claim with documentation satisfying statutory and regulatory requirements.
Immigration – Fees – EAJA
Where a petitioner whose request for a bond hearing was granted has moved for an award of $1,658.25 in counsel fees and costs under the Equal Access to Justice Act, that motion should be held in abeyance until a judgment is entered and becomes final.
Damages – Charitable cap – Fees
Where a judge imposed fees and costs of $134,566.43 in a civil contempt proceeding against a defendant charitable organization and codefendant unpaid volunteers of the organization, the fee award should be upheld because the $20,000 cap on tort liability against charitable organizations set forth in G.L.c. 231, §85K, is inapplicable.
Fees for contempt not subject to charitable cap
The Supreme Judicial Court has ruled that the statutory $20,000 cap on charitable tort liability did not apply to a fee award of $134,566.43 in a civil contempt proceeding against a charitable organization and three of its unpaid volunteers.
Immigration – Fees – EAJA
Where a petitioner who challenged his immigration detention has moved for fees and costs under the Equal Access to Justice Act, that motion should be allowed because (1) habeas proceedings are “civil actions” for the purposes of the EAJA and (2) the respondents’ position did not have a reasonable basis in law.
