Morrison Mahoney Partner Michael Aylward was quoted in this week’s issue of Mass Lawyers Weekly.
In Capitol Specialty v. Higgins, the First U.S. Circuit Court of Appeals ruled that a federal judge was not required to accept a $7.5 million consent judgment settling a dram shop claim as the basis for calculating treble damages against the tortfeasor’s insurance company for engaging in unfair settlement practices.
Michael opined that as unfortunate as the court’s affirmance was for the insurer, the First Circuit’s opinion was, in fact, relatively “conservative” given the court’s refusal to adopt radical new theories for calculating 93A damages that the plaintiff had argued in its cross-appeal. Read more here [subscription].
