Amendment #5 to S2283

An Amendment Relative to Equitable Damages

Mr. Lyons of Andover moves to amend the bill by striking out section 1 and inserting in place thereof the following section:-

SECTION 1. Section 11H of chapter 12 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following paragraph:-

If the attorney general prevails in an action under this section, the attorney general shall be entitled to: (i) an award of compensatory damages for any aggrieved person or entity; and (ii) litigation costs and reasonable attorneys’ fees in an amount to be determined by the court.  In a matter involving the interference or attempted interference with any right protected by the constitution of the United States or of the commonwealth, the court may also award civil penalties against each defendant in an amount not exceeding $5,000 for each violation.

If the defendant or defendant prevails in an action under this section, whether such action was brought by the attorney general or a private party, the defendant(s) shall be entitled to: (i) an award of compensatory damages for any aggrieved person or entity; and (ii) litigation costs and reasonable attorneys’ fees in an amount to be determined by the court. In a matter involving the interference or attempted interference with any right protected by the constitution of the United States or of the commonwealth, the court may also award civil penalties against any non-prevailing private-party plaintiff in an amount not exceeding $5,000 for each violation.