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St. Paul Fire and Marine Insurance Co. v. Ellis & Ellis

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. George A. O'Toole, U.S. District Judge]

St. Paul Fire & Marine Insurance Company appeals from the entry of judgment as a matter of law on its claims that defendants James Ellis and Ellis & Ellis engaged in common law fraud, unfair trade practices as proscribed by Mass. Gen. Laws ch. 93A, and statutory fraud in violation of � 14 of the Massachusetts workers’ compensation statute during Ellis’s representation of David Formoso in pursuing a claim for Workers’ Compensation benefits from St. Paul. Although the issue of St. Paul’s burden of proving the element of damages in its fraud claim presents some complexity because of the workers’ compensation context, we nonetheless agree with St. Paul that the trial court erred in granting defendants’ motions for judgment as a matter of law. Consequently, we vacate the judgment of the district court.

I.

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