. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.


$________ JUDGMENT FOLLOWING BENCH TRIAL INCLUDING $________ IN TREBLE DAMAGES Contract – Consumer Fraud – Improper payment of checks by the defendant that had been reported stolen by the plaintiff – Handyman steals, forges and cashes $________ in checks from plaintiff after plaintiff advises defendant of fraud – Defendant refuses to reimburse the plaintiff for loss.

Middlesex County, MA

In this breach of contract matter, the plaintiff alleged that the defendant bank breached its contract and committed consumer fraud by failing to reimburse the plaintiff for monies stolen out of her account when she timely and properly notified the defendant of stolen and forged checks. The defendant denied wrongdoing and maintained that the plaintiff failed to report her claim in a timely manner.

The plaintiff had a handyman performing work in her home following a storm. The plaintiff had a prior relationship with the handyman and left to perform some errands while he was working in her home. A couple weeks later in May ________, when the plaintiff received her statement from the defendant bank, she noticed 27 unauthorized checks payable to the handyman and his girlfriend totally $________. She immediately informed the bank and closed out her account.

The plaintiff did not file criminal charges against the handyman since she tried to obtain reimbursement from him. During this time, the plaintiff kept the bank aware of what she was doing. In July ________, the plaintiff filed a police report when it became apparent to her that the handyman was not going to agree to reimburse her for the monies he stole. The plaintiff delivered a copy of the police report and a statement to the bank. The defendant refused to honor the plaintiff’s claim, alleging that she had allowed too much time to pass, despite her immediate notification in May to the bank when she closed the account.

The plaintiff brought suit against the bank alleging breach of contract for its failure to reimburse her for her losses in accordance with the bank’s policy, and for consumer fraud and improper payment of checks under the Uniform Commercial Code. The defendant denied liability and maintained that the plaintiff’s claim was time barred.The matter was tried twice. At the first trial, the court granted the defendant’s motion for the consumer fraud claims. The plaintiff, however, prevailed on her claims for check forgery. The original plaintiff died during the first trial and her brother was substituted as the plaintiff. The court permitted the plaintiff’s original affidavits and answers to interrogatories into evidence under the statutory exceptions to the hearsay for declarations of the decedent.

The plaintiff appealed the consumer fraud decision to the appellate division. The appellate court reversed the trial court on its order granting the defendant summary judgment on the consumer fraud claims and remanded the matter for a new trial. At the second trial, presided over by a different judge, the court found in favor of the plaintiff on both the consumer fraud claims and the check forgery claims. The court awarded the plaintiff the total sum of $________ in damages consisting of $________ in treble damages, $________ in damages, plus attorney fees and costs.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.