Product Description

Recent updates:

• Update: February 2022

  Dear Subscriber:

  Thank you for updating your reference library with the the 2022 edition of Damages, Interest, and Attorney Fees in Massachusetts Litigation . Now under the editorial direction of Joseph D. Lipchitz, Esq., this edition brings updated resources within your immediate reach—for fast and practical answers to your questions on the law of damages in Massachusetts.

  Highlights of the many issues addressed in this update include:

  • a new section on disgorgement damages (see chapter 1);

  • updated guidance and tips on practice and procedure (see chapter 2);

  • recent case law on eminent domain (see chapter 9); and

  • new materials on implied equitable indemnification in the context of third-party damages (see chapter 12).

  We hope you continue to find this book to be a valuable resource in your practice and in your law library. MCLE thanks you for your support.

  Very truly yours,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

General Law of Damages in Massachusetts

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Stephen D. Riden, Esq., Beck Reed Riden LLP

Chapter 2 expand

Practice and Procedure in Damages Cases

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Courtney Worcester, Esq., Holland & Knight LLP

Chapter 3 expand

Settlement Evaluation and Negotiation

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David B. Mack, Esq., O'Connor, Carnathan, and Mack LLC

Chapter 4 expand

Damages in Sale of Goods, Insurance, and Employment

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Benjamin M. McGovern, Esq., Holland & Knight LLP
David J. Santeusanio, Esq., Holland & Knight LLP

Chapter 5 expand

Construction Contract Damages

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Stanley A. Martin, Esq., Commonsense Construction Law LLC

Exhibit 5A

- Flow Chart of Traditional Construction Contract Relationships Buy Form

Exhibit 5B

- Flow Chart of Designer-Builder Contract Relationships Buy Form

Exhibit 5C

- Flow Chart of Construction Management (Agency) Contract Relationships Buy Form

Chapter 6 expand

Land Sale Contracts and Loan and Lease Agreements

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Zachary W. Berk, Esq., Saul Ewing LLP
Peter S. Brooks, Esq.,

Chapter 7 expand

Damages for Bodily Injury

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Michael James Merriam, Esq., Law Offices of Michael J. Merriam

Checklist 7.1

- Bodily Injury Damages Checklist for Plaintiff Buy Form

Checklist 7.2

- Bodily Injury Damages Checklist for Defendant Buy Form

Chapter 8 expand

Damages for Personal Injury

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Harry L. Miles, Esq., Green Miles Lipton LLP

Chapter 9 expand

Damages to Real Property Resulting from Governmental Takings

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James D. Masterman, Esq., Greenberg Traurig LLP

Exhibit 9A

- Complaint and Jury Claim: Eminent Domain Case Buy Form

Exhibit 9B

- Answer and Jury Claim: Eminent Domain Case Buy Form

Exhibit 9C

- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant: Eminent Domain Case Buy Form

Exhibit 9D

- Plaintiff’s First Request for Documents: Eminent Domain Case Buy Form

Chapter 10 expand

Damages for Injury to Business Interests

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Sean T. Carnathan, Esq., O'Connor, Carnathan, and Mack LLC
Tara J. Myslinski, Esq., HomeTap, Boston

Checklist 10.1

- Questions to Ask at the Outset of a Freeze-Out Case Buy Form

Chapter 11 expand

Damages in Securities Actions

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Anthony L. DeProspo, Jr., Esq., Schwartz Hannum, PC

Chapter 12 expand

Third-Party Damages

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Hon. John A. Agostini, Superior Court, Commonwealth of Massachusetts

Chapter 13 expand

Damages in Chapter 93A Cases

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James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP
James M. Vant, Esq., Greenberg Traurig LLP
Mian R. Wang, Esq., Greenberg Traurig LLP

Chapter 14 expand

Prejudgment and Postjudgment Interest

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Adam G. Cohen, Esq., Davids & Cohen, PC

Chapter 15 expand

Obtaining Attorney Fees in Civil Litigation

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Paige V. Schroeder, Esq., Saul Ewing LLP

Checklist 15.1

- Checklist for Submitting Fee Petitions Buy Form

Checklist 15.2

- Checklist for Opposing Fee Petitions Buy Form

Exhibit 15A

- Plaintiff’s Request for Award of Reasonable Attorneys’ Fees and Costs Buy Form

Exhibit 15B

- Affidavit of Attorney Buy Form

Editor(s)

Author(s)