Berkson v. Palmer & Dodge LLP
Cases that cite this one
3 later published cases cite this decision.
- GERARD D. GRANDOIT v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & Others (And Three Consolidated Cases). (Mass. App. Ct. 2023)
- Marides v. Rossi (Mass. 2006)
- Petrillo-Aufiero v. Petrillo (Mass. 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendants seek to obtain costs and fees pursuant to G. L. c. 211, § 10, arguing that the petition was “frivolous [and] immaterial,” in the words of the statute. “Such an award is reserved for cases in which the inappropriate action is egregious.” Plymouth & Brockton St. Ry. v. Leyland, 422 Mass. 526, 531-532 (1996), citing Avery v. Steele, 414 Mass. 450, 456 (1993). In this case, although the plaintiff’s petition was without merit, it does not appear, on the whole, that his action in filing it was “egregious.”
The order of the single justice denying the petition for relief under G. L. c. 211, § 3, is affirmed. The defendants’ request for costs pursuant to G. L. c. 211, § 10, is denied. It is also ordered that no court of this Commonwealth accept any further filing from the plaintiff concerning this dispute unless a judge in the court authorizes the filing. The plaintiff shall be responsible for providing the judge with a copy of this decision at the time he requests leave to file.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.