United States First Circuit

The party challenging the enforceability of a liquidated damages clause has the burden of proving that it is a penalty.

Appellate Information

• Decided 02/23/2001
• Published 02/26/2001

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jack J. Mikels, with whom Linda J. Keogh and Jack Mikels & Associates were on brief for appellants.


• For Appellees:
  
• Irving Brodsky for appellees.