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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Darmetko v. Boston Housing Authority, 393 N.E.2d 395 (1979)

Citation
Darmetko v. Boston Housing Authority, 393 N.E.2d 395 (1979)
Parent Document
Darmetko v. Boston Housing Authority, 393 N.E.2d 395 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-08-14

Other Sections in This Document (44)

Full Text

874 chars
The plaintiff argued below that the degree of success was a factor in determining the amount of a reasonable attorney’s fee. Of course, success in establishing a statutory violation was a precondition to entitlement to an attorney’s fee. Here, we do not know how much weight the judge placed on the degree of the plaintiffs success. The judge gave no explanation as to how he arrived at the amount of the fee. Although it has been substantially reduced through this appeal, the plaintiffs success was considerable. After obtaining $3,150 as a contempt award, the plaintiff, whose monthly rent was $47, was granted over $5,300 in (erroneously determined) statutory damages and over $1,200 in actual damages. Because we have ruled that the damages awarded were excessive, a new determination of attorney’s fees should be made, which may include attorney’s fees on this appeal.