Damages, Interest, and Attorney Fees in Massachusetts Litigation

The Massachusetts litigator's comprehensive guide to recovery

Product Number: 1930278B00
Publication Date: 1/30/2024
Edition: 6th Edition 2024
Copyright: © 2024 MCLE, Inc.
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Damages, Interest, and Attorney Fees in Massachusetts Litigation

The Massachusetts litigator's comprehensive guide to recovery

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Print Book 368 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

eBook 390 pages in PDF format

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Product Description
Product Description

MCLE's Damages, Interest, and Attorney Fees in Massachusetts Litigation is an essential resource for civil litigators seeking to assess the value of their cases and develop effective strategies for litigating damages. The earliest chapters of the book offer a general overview of the law of damages in Massachusetts, guidance on practice and procedure, and a look at settlement options. The book then explores damages issues in major areas of civil litigation in Massachusetts, such as personal injury actions and Chapter 93A cases. The concluding chapters, on interest and attorney fees, provide clear and practical guidance on these important but occasionally overlooked aspects of a plaintiff's recovery.

Recent updates:
- Update: January 2024
  Dear Subscriber:
  
  Thank you for updating your reference library with the the 2024 edition of Damages, Interest, and Attorney Fees in Massachusetts Litigation . 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:
  - Construction contract damages. See chapter 5 for new exhibits containing flow charts for Traditional Construction Contract Relationships, Designer-Builder Contract Relationships, and Construction Management (Agency) Contract Relationships.
  - Mediation and arbitration. See chapter 7 for new discussion regarding the confidentiality of mediation, "high/low arbitration" in which the parties agree to a low and a high figure to put guardrails on the proceeding, arbitrations and mediations conducted virtually via Zoom, and the necessity to prepare a detailed memo of a client's case, including itemizing special damages and providing all relevant medical records and documents concerning loss of earning capacity to both counsel and the neutral well in advance of the hearing.
  - Easements by eminent domain. Chapter 9 adds new material regarding the language of the order of taking and the "circumstances surrounding the taking." It cites a 2023 case on the topic.
  - Prejudgment interest. See chapter 14 for a discussion of a 2023 case in which the trial court held that prejudgment interest must be computed on an entire award of compensatory damages.
  We at MCLE trust that you will find this new material useful in your litigation practice, and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

General Law of Damages in Massachusetts
Buy Chapter
Stephen D. Riden, Esq., Beck Reed Riden LLP

Chapter 02 expand

Practice and Procedure in Damages Cases
Buy Chapter
Courtney Worcester, Esq., Holland & Knight LLP

Chapter 03 expand

Settlement Evaluation and Negotiation
Buy Chapter
David B. Mack, Esq., O'Connor, Carnathan, and Mack LLC

Chapter 04 expand

Damages in Sale of Goods, Insurance, and Employment
Buy Chapter
Benjamin M. McGovern, Esq., Holland & Knight LLP
David J. Santeusanio, Esq., Holland & Knight LLP

Chapter 05 expand

Construction Contract Damages
Buy Chapter
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 06 expand

Land Sale Contracts and Loan and Lease Agreements
Buy Chapter
Zachary W. Berk, Esq., Saul Ewing LLP
Peter S. Brooks, Esq.,

Chapter 07 expand

Damages for Bodily Injury
Buy Chapter
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 08 expand

Damages for Personal Injury
Buy Chapter
Harry L. Miles, Esq., Green Miles Lipton LLP

Chapter 09 expand

Damages to Real Property Resulting from Governmental Takings
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Alison Taylor Holdway, Esq., Greenberg Traurig LLP
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
Buy Chapter
Sean T. Carnathan, Esq., O'Connor, Carnathan, and Mack LLC
Tara J. Myslinski, Esq.,

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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Angela Bunnell, Esq., Greenberg Traurig LLP
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 Attorney Fees and Costs Buy Form

Exhibit 15B
- Affidavit of Attorney Buy Form
Editors & Authors

Editor(s)

Joseph D. Lipchitz, Esq., Saul Ewing LLP, Boston

Author(s)

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

Zachary W. Berk, Esq., Saul Ewing LLP, Boston

Peter S. Brooks, Esq.,

Angela Bunnell, Esq., Greenberg Traurig LLP, Boston

Sean T. Carnathan, Esq., O'Connor, Carnathan, and Mack LLC, Burlington

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

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

Alison Taylor Holdway, Esq., Greenberg Traurig LLP, Boston

Joseph D. Lipchitz, Esq., Saul Ewing LLP, Boston

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

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

James D. Masterman, Esq., Greenberg Traurig LLP, Boston

Benjamin M. McGovern, Esq., Holland & Knight LLP, Boston

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

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

Tara J. Myslinski, Esq., Boston

James P. Ponsetto, Esq., Greenberg Traurig LLP, Boston

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

David J. Santeusanio, Esq., Holland & Knight LLP, Boston

Paige V. Schroeder, Esq., Saul Ewing LLP, Boston

David G. Thomas, Esq., Greenberg Traurig LLP, Boston

James M. Vant, Esq., Greenberg Traurig LLP, Boston

Mian R. Wang, Esq., Greenberg Traurig LLP, Boston

Courtney Worcester, Esq., Holland & Knight LLP, Boston

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Damages, Interest, and Attorney Fees in Massachusetts Litigation

The Massachusetts litigator's comprehensive guide to recovery

Damages, Interest, and Attorney Fees in Massachusetts Litigation

The Massachusetts litigator's comprehensive guide to recovery

Choose Format:

Product Description

Recent updates:

Table of Contents

General Law of Damages in Massachusetts

Practice and Procedure in Damages Cases

Settlement Evaluation and Negotiation

Damages in Sale of Goods, Insurance, and Employment

Construction Contract Damages

Exhibit 5A

Exhibit 5B

Exhibit 5C

Land Sale Contracts and Loan and Lease Agreements

Damages for Bodily Injury

Checklist 7.1

Checklist 7.2

Damages for Personal Injury

Damages to Real Property Resulting from Governmental Takings

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Damages for Injury to Business Interests

Checklist 10.1

Damages in Securities Actions

Third-Party Damages

Damages in Chapter 93A Cases

Prejudgment and Postjudgment Interest

Obtaining Attorney Fees in Civil Litigation

Checklist 15.1

Checklist 15.2

Exhibit 15A

Exhibit 15B

Editor(s)

Author(s)