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FIRST ENTERPRISES, LTD. v. COOPER

425 Mass. 344 (1997)

FIRST ENTERPRISES, LTD., & others v. MARK D. COOPER.

Supreme Judicial Court of Massachusetts, Norfolk.

July 1, 1997.

Attorney(s) appearing for the Case

J. Owen Todd (Lisa Arrowood with him) for the defendant.

Michael V. Morisi (Andrew C. Oatway with him) for the plaintiffs.

Present: WILKINS, C.J., ABRAMS, LYNCH, & MARSHALL, JJ.

ABRAMS, J.

At issue is whether an attorney may be held liable under G. L. c. 93A, §§ 2 and 11, to his client's adversaries for engaging in "trade or commerce" in a fraudulent manner by submitting a false legal claim against those adversaries. The defendant challenges the trial judge's denial of his motion to dismiss a claim brought against him for violating G. L. c. 93A, §§ 2 and 11. The defendant filed a request for an interlocutory appeal which...

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