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H1 LINCOLN, INC. v. SOUTH WASHINGTON STREET, LLC

SJC-13088.

489 Mass. 1 (2022)

H1 LINCOLN, INC. v. SOUTH WASHINGTON STREET, LLC, & others.

Supreme Judicial Court of Massachusetts, Hampden.

January 24, 2022.

Attorney(s) appearing for the Case

Robert J. Cordy ( Annabel Rodriguez also present) for the defendants.

John J. Egan ( Michael G. McDonough also present) for the plaintiff.

The following submitted briefs for amici curiae:

Daniel A. Ford for Retailers Association of Massachusetts, Inc.

Michael C. Gilleran for National Retail Tenants Association.

David J. Hatem & Patricia B. Gary for American Council of Engineering Companies of Massachusetts & another.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

The primary issue presented in this case is the enforceability of contractual provisions limiting liability for violations of G. L. c. 93A, § 11, which makes "unfair or deceptive act[s] or practice[s]" between businesses unlawful. We conclude that limitation of liability provisions will not...

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