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CUMMINGS PROPERTIES, LLC v. HINES

SJC-13406.

492 Mass. 867 (2023)

CUMMINGS PROPERTIES, LLC, v. DARRYL C. HINES.

Supreme Judicial Court of Massachusetts.

September 25, 2023.

Attorney(s) appearing for the Case

Joseph B. Simons for the defendant.

Joseph P. Mingolla for the plaintiff.

The following submitted briefs for amici curiae:

John Pagliaro & Daniel B. Winslow for New England Legal Foundation.

Charles L. Solomont & Andrew M. Buttaro for NPS LLC.

Thomas Bhisitkul & Michael Riley for Real Estate Bar Association for Massachusetts, Inc., & another.

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

For over a century, Massachusetts courts have recognized and enforced liquidated damages clauses.1 Although it is true that these clauses potentially can result in an unwarranted penalty for a party committing a breach and a windfall for the party not committing...

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