Pine v. Rust

This action arises under the wiretap statute, G. L. c. 272, § 99 (1986 ed.). 3 After a nonjury trial in the Housing Court of the City of Boston, the judge awarded statutory liquidated damages, punitive damages, and attorney’s fees and costs. Defendants concede that the tape recording was unlawful, but appealed the awards of damages and attorney’s fees. We transferred the case to this court on our own motion. We affirm in part, reverse in part, and remand on the issue of attorney’s fees and costs.

The facts found by the trial judge may be summarized as follows. At all times relevant to this…