· 4/29/1992
Bissanti Design/Build Group v. McClay
Citations
- 590 N.E.2d 1169
- 32 Mass. App. Ct. 469
- 1992 Mass. App. LEXIS 416
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under Massachusetts law, “punitive damages cannot be fixed without an evidentiary hearing to determine how egregious was the conduct of the defendant”
- hearing required when credibility impacted amount of damages, not enforcement of default itself
- where claims are not for liquidated amount, plaintiff is required to establish extent of its damages
- where claims are not for liquidated amount, plaintiff is required to establish extent of its damages
- at assessment hearing after default, defendants may show that plaintiff’s work was faulty and worth less than alleged
- “a default does not concede the amount of damages”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dreben, Kass, Greenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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