Legal Opinion
McDowell v. von Thaden
Massachusetts District Court, Appellate Division
Decided September 26, 2006PublishedCited by 1 opinion
1Opinion of the Court
Williams, PJ.
Following a jury trial on his claim for the breach of a restaurant lease, the landlord, Peter L. McDowell (“McDowell”), appealed on the grounds that the trial judge erred in excluding evidence of attorney’s fees McDowell incurred for all aspects of his eviction of the successor tenant, and in denying McDowell’s motion for a new trial based on that claimed error. The tenant, Daniel M. von Thaden (“von Thaden”), filed a cross appeal of both the denial of his claim for attorney’s fees incurred after having served a Mass. R Civ. E, Rule 68 offer of judgment on McDowell, and the trial…
2Cases cited19 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Herson v. New Boston Garden Corp.Massachusetts Appeals Court · 1996
- Bonofiglio v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1991
- Diaz-Rodriguez v. Pep Boys Corp.Court of Appeals for the First Circuit · 2005
- Callahan v. A. J. Welch Equipment Corp.Massachusetts Appeals Court · 1994
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3Cited by1 opinion
- Day v. HymanMassachusetts District Court, Appellate Division · 2007