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United States First Circuit


Companion Health Services, Inc. v. Kurtz, 11-1493

In a Massachusetts state law contract dispute: 1) the district court's imposition of default as to a veil piercing count as a sanction on the defendants for their discovery violations is reversed, where such a sanction was not warranted on the basis of the conduct considered by the district court and the factual findings it made; and 2) the district court's order declining to amend the judgment to impose an award of prejudgment interest on a portion of the damages awarded to the plaintiff in excess of the amount it demanded is affirmed, because the district court considered that excess portion to be attorney's fees, on which prejudgment interest is not available under Massachusetts law.

Appellate Information

  • Decided 03/29/2012
  • Published 03/29/2012

Judges

  • Stahl

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Scott McConchie, Dustin F. Hecker

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