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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindquist v. Stella, 111 N.E.3d 304 (2018)

Citation
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Parent Document
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-09-10

Full Text

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After careful review of the record, we conclude that the judge's findings, which she adopted from the parties' proposed findings, do not reflect a meaningful consideration of the evidence. The judge accepted one proposed finding that Stella now concedes is clearly erroneous, and she otherwise failed to resolve discrepancies in the evidence, including some that call Stella's credibility into question. For these reasons, as detailed further below, we vacate portions of the judgment and remand the claims for breach of the warranty of habitability, illegal utility charges, and violation of G. L. c. 93A for further findings, and the retaliation claim for recalculation of damages. On the discrimination claim, we conclude as a matter of law that judgment should enter in Lindquist's favor, and that portion of the judgment is reversed.