Product Description

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

Part 1 expand

Determining Whether to Bring a Claim in Small Claims Court

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

Exhibit A

- G.L. c. 218, §§ 21–25 Buy Form

Exhibit B

- Uniform Small Claims Rules Changes Effective October 1, 2009 Buy Form

Exhibit C

- Uniform Small Claims Rules Buy Form

Exhibit D

- Forms to Implement Amendments to Uniform Small Claims Rules Buy Form

Exhibit E

- Small Claims Standards Buy Form

Part 2 expand

Filing a Claim in Small Claims Court

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

Exhibit F

- Small Claims Court Forms Buy Form

Exhibit G

- Demand for Payment of Dishonored Check Buy Form

Exhibit H

- Small Claims Courts and Contact Information Buy Form

Part 3 expand

Handling the Small Claims Hearing

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

Part 4 expand

Pursuing a Small Claims Appeal

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

Part 5 expand

Enforcing a Small Claims Judgment

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

Part 6 expand

Recovering Costs from a Small Claims Case

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

Part 7 expand

Keeping in Mind the Limitations of the Small Claims Court

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Sean P. Coleman, Esq., Natick District Court, Commonwealth of Massachusetts

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