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

Chapter 01 expand

General Law of Damages in Massachusetts

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

Chapter 02 expand

Practice and Procedure in Damages Cases

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Courtney Worcester, Esq., Holland & Knight LLP

Chapter 03 expand

Settlement Evaluation and Negotiation

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

Chapter 04 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 05 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 06 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 07 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 08 expand

Damages for Personal Injury

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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

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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

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