Sanitoy, Inc. v. Ilco Unican Corp.

At issue is the fee shifting provision of § 15 of the Massachusetts Oil and Hazardous Material Release Prevention Act, G. L. c. 21E (1990 ed.) (Act). We consider whether § 15, entitled “Citizen Enforcement,” authorizes a trial judge to award attorneys’ fees and expert witness fees in a private party suit for reimbursement brought pursuant to § 4 of the Act. We affirm this portion of the judgment and hold that it does authorize such fees. We also consider whether the judge erred in awarding only a percentage of otherwise reasonable attorneys’ fees and expert witness fees to a party entitled to…