Buddy's Inc. v. Town of Saugus

The central question presented by this appeal is the proper construction of G. L. c. 21E, § 4A(d), authorizing the award of litigation costs and reasonable attorney’s fees to claimants who successfully prosecute private actions to recover costs of responding to the release of hazardous materials. We conclude, consistent with the plain language of the last sentence of § 4A(d), that the Legislature intended to treat plaintiffs and third-party plaintiffs differently with respect to such awards, and that a prevailing party who was a third-party plaintiff may not obtain an award of attorney’s fees…