In Beninati, et al. v. Borghi, et al., Judge Sanders ruled that the plaintiffs in a successful action under G.L. c. 93A, § 11, were not entitled to recover $170,000 in attorneys’ fees incurred before the litigation began. The fees, according to the plaintiffs’ fee petition, related to “extensive settlement discussions” that predated the filing of the action. Judge Sanders wrote: “This Court is aware of no authority that permits the award of fees incurred before the litigation began and that do not bear directly on its preparation, which these fees clearly did not.”
PartnerEric Magnuson litigates high-stakes commercial disputes in state and federal courts. He tries cases, argues appeals, and sets dispositive-motion strategy. His practice includes class-action defense, fiduciary claims ...
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Senior Editor, Co-Chair, Business Litigation Practice Group
