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MA Court: Chapter 93A Liability Survives Defense Verdict

By Kim V. Marrkand and Alec Zadek
October 29, 2013

Even after a favorable jury verdict, defendants may face exposure to liability under the Massachusetts Consumer Protection Act, M.G.L. c. 93A (“Chapter 93A”). In Klairmont v. Gainsboro Restaurant, Inc., 2013 Mass. LEXIS 338 (Mass. May 16, 2013), the Massachusetts Supreme Judicial Court affirmed a trial court's holding that the defendants were liable for violations of Chapter 93A even though the jury found that they were not liable for the plaintiffs' underlying tort claims. The Klairmont decision highlights the fact that alleged Chapter 93A violations expose defendants to significant liability and that the exposure remains even after prevailing at trial on liability.

Massachusetts Consumer Protection Act

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