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ARTICLE · 24 FEBRUARY 2025

The Boundaries Of Chapter 93A

Greenberg Traurig
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The scope of Chapter 93A is not unlimited, as the Appeals Court of Massachusetts recently confirmed in Beaudoin v. Massachusetts School of Law at Andover, Inc.

United StatesLitigation, Mediation & Arbitration

The scope of Chapter 93A is not unlimited, as the Appeals Court of Massachusetts recently confirmed in Beaudoin v. Massachusetts School of Law at Andover, Inc. The case involved a law student who was disenrolled from the school for not obtaining a COVID-19 vaccination, contrary to what he alleged were the school's representations. He brought claims for breach of contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing, negligent misrepresentation, Chapter 93A, and unjust enrichment.The trial court dismissed the complaint under Mass. R. Civ. P. 12(b)(6) for failure to state a claim.

The Appeals Court affirmed the dismissal of the Chapter 93A claim, noting that (i) Chapter 93A, Section 2 prohibits unlawful acts and practices occurring "in the conduct of any trade or commerce" and (ii) although charitable corporations "are not immune" from Chapter 93A's reach, in most cases, a charitable corporate's activities in furtherance of its

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