The law of liquidated damage is on the syllabus of every
first-year contracts course. While the doctrine is more than 100 years old, in
Cummings Properties, LLC v. Hines
, the Supreme Judicial Court recently re-examined the law of
liquidated damages and enforced a commercial lease provision that entitled a
landlord to nearly five years of rent payments after the tenant's breach, even
though the landlord had quickly relet the premises.
In doing so,
the SJC reaffirmed Massachusetts' "single look approach" to liquidated damages
provisions and provided an indispensable road map for both transactional and
trial lawyers exploring this topic.
The MBA's Complex Commercial Litigation Section Council is offering this
program in person at the Massachusetts Bar Association offices, 20 West St.,
Boston, MA. While we strongly encourage in person attendance given the
networking and connection opportunities it affords, an online option will be
available.
Faculty:
Francis C. Morrissey, Esq., Program Chair
Morrissey, Wilson & Zafiropoulos LLP, Braintree
Zachary J. Gregoricus, Esq., Panelist
Murtha Cullina LLP, Boston
Professor Ingrid Michelsen Hillinger, Panelist
Boston College Law School, Newton
Joseph P. Mingolla, Esq., Panelist
Cummings Properties LLC, Woburn
Professor Gary Monserud, Panelist
New England School of Law, Boston