Civil Settlement with Attorney General Over Alleged Mortgage Violations

After over two years years of litigation, Gardner & Rosenberg’s client this week favorably resolved a civil lawsuit suit brought by the Massachusetts Attorney General under the state’s consumer protection statute.  The Attorney General alleged that the client, along with others, violated regulations concerning the provision of mortgage related services.  Under the terms of the settlement, the client makes no penalty payments and agreed to refrain from certain mortgage services-related activities.

Massachusetts Appeals Court Sides With Gardner & Rosenberg On Enforceability of Settlement Memo

The Massachusetts Appeals Court sided with Gardner & Rosenberg and overturned a Superior Court decision that had found a settlement memo enforceable.  The Appeals Court agreed with Gardner & Rosenberg’s arguments on behalf of its client that the memo was not enforceable because its terms were not complete.  The ruling allows for Gardner & Rosenberg to proceed with its client’s claims against several corporate officers for their alleged breaches of fiduciary duty.  Read the Appeals Court’s ruling…

Court Awards Attorney Fees In Key Ruling On Class Actions Under Chapter 93A

Noting that “Attorney Josh Gardner was lead counsel — he did an excellent job and achieved a fine result,” the Massachusetts Superior Court awarded Gardner & Rosenberg its attorney fees in a contested class action fee petition.  The court also issued an important decision ruling that defendants cannot “pick off” named plaintiffs to block class actions under Massachusetts’s unfair and deceptive trade practice act.  Paul Reniere et al. v. Alpha Management Corp. et al., MICV2013-00560.