James M. Dunn

Counsel
Boston, MA

Jim joined PK&J in 2011, bringing nearly two decades of federal and state court litigation experience and a proven record of success. While primarily an advocate for clients involved in legal disputes, as demonstrated below, Jim also serves as a legal counselor concerning the full life cycle of employment relationships (including non-compete and non-solicitation agreements, agreements concerning the allocation of intellectual property rights, and severance agreements) and with the birth of new businesses, including identifying the appropriate entity type and developing the documents needed to get a new business up and running.

Diverse Experience with Large Firm Experience and Small Firm Attention:

Jim’s nearly two decades of experience spans from advocating for multi-million dollar corporations within the insurance fraud practice group of a 200+ attorney full-service Philadelphia firm to handling plaintiff-side employment disputes within a three-attorney firm in his hometown of Lexington. His most extensive experience is with representing clients – both those pursuing recoveries and defending against them – in the following legal areas: employment litigation (particularly in administrative and civil discrimination matters and in disputes over non-competes and related employment agreements), commercial disputes involving Chapter 93A/unfair trade practice claims and allegations of misrepresentation and fraud, municipal litigation, maritime/admiralty law cases, administrative agency and licensing disputes, Section 1983 civil rights claims, real estate litigation including eminent domain matters, product liability and catastrophic injury cases, breach of warranty, automotive law, corporate successor disputes, construction accident and AIA contract disputes, and insurance coverage and bad faith disputes.

Jim serves as general counsel for Savoir Media, an award-winning strategic communications consulting firm. His prior litigation-based media law experience includes handling of claims and cases involving alleged defamation, trade disparagement, and cyber-squatting, and the successful defense of an internet retailer against a Lanham Act trademark infringement claim arising out of the client’s Google AdWords campaign.

Jim has served as special outside counsel to a number of businesses – including an international printing press manufacturer, a multi-state temporary employment agency, and a national ear-piercing retailer – at times helping to develop policies and practices and otherwise overseeing local counsel or directly handling claims as pro hac vice counsel in legal disputes in diverse federal and state courts.

Multiple Successes in Diverse Cases:

Regardless of his role or the size of the client, Jim applies the same basic approach – carefully analyzing the facts in light of the relevant law before developing and implementing legal strategies – that has led to successes in the form of pre-suit settlements (with corresponding savings in legal fees); post-suit negotiated and mediated settlements; and successful dispositive motions, arbitration, and jury trial results. The following are some of the documented successes he has achieved:

• Western World Ins. Co., Inc. v. Williams Building Company, Inc. et al., 2011 U.S. Dist. LEXIS 64183 (D. MA June 15, 2011) (Drafted successful opposition to motion to dismiss counterclaim – helping to overturn improper entry of default judgment absent Rule 54(b) findings – in insurance coverage dispute)

• Pryor v. Maritime Terminal International, et al., (Bristol Sup. Ct. Sept. 28, 2009) (Obtained dismissal of all claims against marine terminal in dockside forklift accident case on basis of exclusivity of remedial schemes of the United States Longshore and Harbor Workers’ Compensation Act and Massachusetts Workers Compensation Act)

• Rano v. Magnat-Fairview Inc., et al., (Worcester Sup. Ct. Sept. 21, 2009) (Used out-of-state decision on novel issue of product liability law to obtain judicial leave to file post-argument supplemental brief, securing summary judgment against product liability claims in case involving near-death and coma)

• Lopez v. Equity Management, 597 F.Supp.2d 189 (D. Mass. 2009) (Helped secure summary judgment for property management company as primary drafter of legal memoranda on issue of client’s lack of “retained control” with regard to a window washer’s catastrophic injuries after a multi-story fall)

• Doe v. Town of Hopkinton, et al., (Middlesex Sup. Ct. July 7, 2006) (Secured summary judgment for school officials and town against Section 1983 claims of student who asserted he was denied procedural due process when expelled from school following his alleged sexual assault of a co-student)

• Martins v. Town of Rockland, 66 Mass.App.Ct. 1118, 850 N.E.2d 1135 (2006) (Co-wrote appellate brief that obtained interlocutory appeal and dismissal pursuant to the Mass. Tort Claims Act of injured public school student’s negligent supervision claims)

• Jack-O-Lantern Spectacular, Inc. v. Usovicz, 2006 Westlaw 392921, 2006 Mass. Super. LEXIS 31 (Obtained summary judgment on behalf of City of Salem, its mayor, and a city counselor against all claims – including breach of contract, fraud, Chapter 93A misrepresentation, interference with contract – brought by Halloween show production company in lawsuit seeking over $100,000 in damages)

• Arch Ins. Co. v. Paruti, 2005 Westlaw 1476187, 2005 Mass. Super. LEXIS 240 (Obtained summary judgment against Chapter 176D Unfair Insurance Practices and fraud claims arising out of remediation of Chapter 21E oil leak on Cape Cod – a victory largely achieved via deposition questioning of the plaintiff)

• Carroll v. Stop & Shop, (Plymouth Superior Ct., Brocton Division, August 18, 2005) (Obtained defense jury verdict in alleged three-wheeled shopping cart case despite plaintiff’s admission into evidence of verdict for plaintiff from earlier District Court case handled by predecessor counsel)

• Lawson v. Fortis Ins. Co., 146 F.Supp.2d 737 (E.D. Pa. 2001) (Obtained summary judgment against bad faith claim in insurance coverage case)

• Kulesza v. Scout Boats, Inc., 2000 Westlaw 1201457, 2000 U.S. Dist. Lexis 11972 (E.D. Pa.) (Prevailed with choice of law argument that established applicability of maritime law to product liability claims arising out of boating accident that led to arm loss, resulting in favorable settlement for client)

• Pannirello v. Ford Motor Co., 1999 Westlaw 345586 (E.D. Pa.) (In product liability claim against client, a truck manufacturer, helped secure favorable settlement by defeating component manufacturer’s summary judgment motion)

Jim is a proud resident of Belmont, husband, and father of three, an aspiring bicycle commuter, a recreational road racer, and a formerly fast rugby winger who is still game for the occasional old boy’s match.