St. Paul Fire & Marine Insurance v. Ellis & Ellis

LIPEZ, Circuit Judge.

St. Paul Fire & Marine Insurance Company appeals from the entry of judgment as a matter of law on its claims that defendants James Ellis and Ellis & Ellis engaged in common law fraud, unfair trade practices as proscribed by Mass. Gen. Laws ch. 93A, and statutory fraud in violation of § 14 of the Massachusetts workers’ compensation statute during Ellis’s representation of David Formoso in pursuing a claim for Workers’ Compensation benefits from St. Paul. Although the issue of St. Paul’s burden of. proving the element of damages in its fraud claim presents some complexity…