Rental Property Management Services v. Hatcher, 97 N.E.3d 319 (2018)

Citation: Rental Property Management Services v. Hatcher, 97 N.E.3d 319 (2018)
Parent Document: Rental Property Management Services v. Hatcher, 97 N.E.3d 319 (2018)
Jurisdiction: Massachusetts (state)
Effective Date: 2018-05-15
Original Source: https://www.courtlistener.com/opinion/4498231/rental-property-management-serv... ↗

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conduct may be the basis for a c. 93A claim where the defendant
who initiates a lawsuit "does not have probable cause to believe
the suit will succeed, and is acting primarily for a purpose
other than that of properly adjudicating his claims." G.S.
Enters., Inc. v. Falmouth Marine, Inc., 410 Mass. 262, 273, 277
(1991) (litigation conduct that could support claim for tortious
interference with contractual relations could also support
c. 93A claim). See, e.g., Refuse & Envtl. Sys., Inc. v.
Industrial Servs. of Am., Inc., 932 F.2d 37, 43 (1st Cir. 1991)
(litigation conduct that constituted abuse of process was also
unfair and deceptive practice under c. 93A). Hatcher's c. 93A
counterclaim does not fall within those exceptions. The judge
did not make a factual finding as to whether Basile knew that he
had no standing to bring the summary process complaint or knew
that he was engaging in the unauthorized practice of law. Nor
does Hatcher allege that Basile filed the complaint for a
purpose other than to seek her eviction.
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