The Massachusetts Appeals Court decision in T. Butera Auburn LLC v. Williams relied on the Rhodes v. AIG Domestic Claims, Inc. decision addressing punitive damages in unfair or deceptive trade practices case under c. 93A. The Appeals Court affirmed the award of double the jury’s verdict on the contract claim where the jury found that the 93A claim arose from the same conduct as the breach of contract claim, such that the $87,000 in contract damages were to be doubled, in addition to the $13,000 allocated to the 93A claim. “Margaret M. Pinkham of Pinkham Busny in Woburn, who represented the plaintiff in Rhodes, said the ruling in Butera “provides a roadmap for trial lawyers to follow in establishing damages, causation and liability in Chapter 93A cases.” In particular, the ruling highlights the importance of having a special verdict from on which the jury can link the unfair trade practice with other comm. law claims to maximize a 93A recovery, Pinkham said.
Margaret M. Pinkham quoted in April 29, 2013 edition of Mass. Lawyers Weekly