Section 14

Citation: Section 14
Parent Document: Layes v. RHP Properties, Inc. (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-08-28
Original Source: https://www.courtlistener.com/opinion/4657186/layes-v-rhp-properties-inc/ ↗

Full Text

725 chars

Moreover, the judge's analysis incorrectly restricted the scope
of the protection afforded under the law. Not only can an
operator commit a violation of G. L. c. 93A, § 2 (a), by
affirmative acts, it can also do so by inaction (i.e., failing
to comply with provisions of either the act or the Attorney
General's regulations). See 940 Code Mass. Regs. § 10.02(3);
Clark, 89 Mass. App. Ct. at 94. Nevertheless, in order to
recover under c. 93A, each purported class member must show not
only a violation of c. 93A, § 2, but also a "separate, . . .
distinct injury or harm." Tyler, 464 Mass. at 503.
                                                                 38 damages phase is an open question").   The question for the

Other Sections in This Document (524)

Full Text