SJC Affirms Multi-Million Dollar Verdict Against Unscrupulous Commercial Landlord
In H1 Lincoln, Inc. v. South Washington Street, LLC, et al. (Lincoln), the Massachusetts Supreme Judicial Court (SJC) affirmed a multi-million dollar verdict against a landlord for bad faith business practices against its tenant on the “Auto Road” in North Attleborough. The SJC grounded its decision on the landlord’s commercially extortionate tactics to gain unbargained for concessions from the tenant throughout the life of the lease. The SJC further explained that a limitation of liability provision contained in the lease was unenforceable and void for public policy reasons based on the landlord’s willful and knowing bad faith conduct.
In a recent article about Lincoln, Bernkopf attorney Bob Stetson explained to Massachusetts Lawyers Weekly that Lincoln marks the most significant SJC decision regarding bad faith conduct in the business-to-business context in more than three decades. Bob also noted that the SJC’s explanation of what constitutes bad faith conduct in this context will have a lasting impact on Massachusetts law for years to come.
Read the full article here.