The Massachusetts Appeals Court today reminds litigants that where a party claims an entitlement to attorney's fees under G. L. c. 231, § 6F (the statute relating to insubstantial, frivolous or bad faith claims or defenses), a party challenging a denial of fees must file a separate notice of appeal pursuant to G. L. c. 231, § 6G. A party appealing a § 6F order incorporated into a final judgment is required to file two notices of appeal, one to appeal the § 6F order to a single justice and the other to appeal the balance of the judgment to a panel. See Troy Indus., Inc. v. Samson Mfg. Corp., 76 Mass. App. Ct. 575, 584 (2010) (quoting Bailey v. Shriberg, 31 Mass. App. Ct. 277, 284 (1991)).
Think of litigation as akin to being on a battlefield. Your lawyer is like a field general charged with achieving the lawful objectives of you—the sovereign head of state. Strategy and tactics are an indelible part of what happens on a battlefield and in a courtroom. Here are some tactical observations about one particular type of litigation, employment litigation.