United States District Court, D. Massachusetts
Full Spectrum Software, Inc., Plaintiff: Christian B.W.
Stephens, David M McGlone, Eckert Seamans Cherin & Mellott,
LLC, Boston, MA.
Forte Automation Systems, Inc., Defendant: Eric H. Loeffler,
Matthew R. Watson, Hinshaw & Culbertson LLP, Boston, MA; John
Arne, PRO HAC VICE, Attorney at Law, Machesney Park, IL.
AND MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR
ATTORNEY'S FEES AND COSTS
S. HILLMAN, DISTRICT JUDGE.
before the Court is Plaintiff's motion for attorney's
fees and costs. For the following reasons, the Court awards a
total sum of $175,234.69.
Full Spectrum Software, Inc. (" Full Spectrum" )
filed this action on August 10, 2012, asserting claims
arising out of a contract dispute with Defendant Forte
Automation Systems, Inc. (" Forte" ). The complaint
asserted counts for breach of contract, quantum meruit,
replevin, declaratory judgment, and a violation of M.G.L. c.
93A. On June 26, 2015, following a five-day trial, a jury
returned a verdict in favor of Full Spectrum in the amount of
$483,053.75. Specifically, the jury found that Defendant
Forte Automation Systems (1) breached an implied contract
with Full Spectrum, and (2) violated M.G.L. c. 93A by
engaging in unfair or deceptive acts or practices in its
business dealings with Full Spectrum. The jury awarded Full
Spectrum $133,053.75 on the contract claim, and $350,000.00
on the 93A claim. Full Spectrum now seeks an award of
attorney's fees and costs pursuant to M.G.L. c. 93A,
§ 11(6), requesting $332,324.15 in fees and $18,145.21
in costs, for a total award of $350,468.36.
prevailed on its 93A claim, Full Spectrum is entitled to an
award of reasonable attorney's fees. Chapter 93A, §
11, paragraph 6 of the Massachusetts General Laws states:
If the court finds in any action commenced hereunder, that
there has been a violation of section two, the petitioner
shall, in addition to other relief provided for by this
section and irrespective of the amount in controversy, be
awarded reasonable attorneys' fees and costs incurred in
M.G.L. c. 93A § 11(6). In awarding attorney's fees
under 93A, Massachusetts courts consider a number of factors,
including: " the nature of the case and the issues
presented, the time and labor required, the amount of damages
involved, the result obtained, the experience, reputation and
ability of the attorney, the usual price charged for similar
services by other attorneys in the same area, and the amount
of awards in similar cases." Linthicum v.
Archambault, 379 Mass. 381, 388-89, 398 N.E.2d 482
(1979). " No one factor is determinative, and a
factor-by-factor analysis, although helpful, is not
required." Berman v. Linnane, 434 Mass. 301,
303, 748 N.E.2d 466 (2001). " What constitutes a
reasonable fee is a question that is committed to the sound
discretion of the judge." Id. at 302-03.
Ultimately, " the amount awarded should be determined by
what the services were objectively worth." Star Fin.
Servs., Inc. v. AASTAR Mortg. Corp., 89 F.3d 5, 16 (1st
Cir. 1996). Where, as here, " a single chain of events