Legal Opinion
Telman v. Brink
Massachusetts Appeals Court
Decided August 18, 2009No. 08-P-498PublishedCited by 8 opinions
1Opinion of the CourtKantrowitz, J.
A baseless suit was filed in the Boston Municipal Court Department. Ultimately, the judge ordered attorney’s fees imposed against the attorneys and litigants who brought the *846complaint. Clearly the judge had the authority, under Rule 11 of the Massachusetts Rules of Civil Procedure, 365 Mass. 753 (1974), to act as she did against the attorneys. The issue presented is whether she was authorized to order fees against the litigants. We hold that she was not authorized to do so.
1. Background. To provide clarity and context it is important to discuss prior proceedings involving many of the same…
2Cases cited19 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Hanlon v. RollinsMassachusetts Supreme Judicial Court · 1934
- O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
- Avery v. SteeleMassachusetts Supreme Judicial Court · 1993
- Doe v. Nutter, McClennen & FishMassachusetts Appeals Court · 1996
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Worcester v. AME Realty Corp.Massachusetts Appeals Court · 2010
- Advanced Spine Centers, Inc. v. Commerce InsuranceMassachusetts District Court, Appellate Division · 2011
- Skawski v. Greenfield Investors Property Development LLCMassachusetts Supreme Judicial Court · 2016
- Beacon Towers Condominium Trust v. AlexMassachusetts Supreme Judicial Court · 2016
- Balistreri v. NestorMassachusetts Appeals Court · 2019
3 more not listed; retrieve them via the Exa API.