Posts in G.L. c. 231, § 6F.
Massachusetts Judge Orders Plaintiff to Pay Attorneys’ Fees Because Plaintiff Had No Evidentiary Basis to Believe Facts Alleged in Complaint

Judge Krupp, sitting in the Massachusetts Business Litigation Session, awarded a defendant more than $240,000 in attorneys’ fees, expenses, and interest under G.L. c. 231, § 6F, the Massachusetts statute authorizing fee shifting for frivolous claims.

216-218 Newbury Street Realty LLC sued Tivoli Audio, Inc., seeking declaratory relief about the definition of “gross sales” in the parties’ lease. The complaint alleged “on information and belief” that Tivoli marketed audio equipment over the internet from the leased premises and had more than $500,000 in gross sales.

Justice: Justice Krupp

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