R.M. Packer Co., Inc. v. Marmik, LLC

At issue is whether R.M. Packer Co., Inc. (Packer), was properly found liable for attorney’s fees and costs under G. L. c. 21E, § 4A(/), after it unsuccessfully sought contribution from the defendants for costs to clean up an oil spill. In three circumstances, the statute requires that reasonable attorney’s fees and costs be awarded against a plaintiff who has sued seeking contribution for environmental clean-up costs. Those three circumstances are

“[i]f the court finds that (1) the plaintiff did not participate in negotiations or dispute resolution in good faith; (2) the plain tiff had no…