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Puffery Is Not Grounds For Liability
During contract negotiations, the company assured a potential client that it had enough staffing and expertise to meet all third-party payor requirements. The company claimed the client could rely entirely on them for billing submission and collection. It also stated that it possessed sufficient staffing, oversight, knowledge of timely filing rules, extensive medical billing expertise, and an understanding of the client’s medical practices to process and collect accounts prom

Paul Peter Nicolai
6 days ago1 min read


Commercial Disparagement Found
False advertising against a competitor can create liability for multiple damages under Massachusetts law.

Paul Peter Nicolai
Sep 11 min read


No Liability for Unfair & Deceptive Trade Practices
A jury found that adjoining land lessees interfered with a neighbor's ability to conduct business operations. On appeal, the judgment was vacated.

Paul Peter Nicolai
Mar 31 min read


NOMINAL DAMAGES CASES UNDER 93A
Unfair and deceptive trade practice cases can succeed and cause the payment of attorney fees to the winner

Paul Peter Nicolai
May 13, 20251 min read


Website Review Manipulation Is Deceptive
A claim was brought over a company’s practice of suppressing reviews on its website. The company asked for the case to be dismissed. The...

Paul Peter Nicolai
Jan 30, 20241 min read


Contract Choice of Law Does Not Defeat Chapter 93A Claim
A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law...

Paul Peter Nicolai
Dec 26, 20231 min read


Trade Secret Theft Creates Triple Damages
A jury found two defendants liable for their former employer's misappropriation of trade secrets. The judge found this violated Chapter...

Paul Peter Nicolai
Dec 19, 20231 min read


CGL policy doesn’t cover 93A attorneys’ fees
The plaintiffs in the underlying case hired a company to clean up a sewage spill, after which the wife experienced ongoing respiratory...

Paul Peter Nicolai
Feb 7, 20231 min read
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