Recent Case Results
January 2009 – In Von Bank v. Medical University of the Americas, Belize, et al., U.S. District Court, Massachusetts, the Firm represented the founder of a Central American medical school in claims of breach of fiduciary duty and breach of contract. After mediation, the medical school was reorganized and the case was settled.
January 2009 – In K&S Realty Development Trust v. Chamseddine, the firm secured a $275,000.00 judgment in Bristol Superior Court on behalf of a real estate developer. The underlying claims involved breach of fiduciary duty and conversion against a former trustee.
December 2008 – In Enosis Development Corp. v. Windomear Realty Trust et al., Essex Superior Court, the Firm prosecuted claims relating to the breach of a commercial real estate contract. After mediation, the case was resolved in a private settlement in favor the Firm’s client.
December 2008 – In Gosselin v. Weston Associates, Inc. et al., Boston Municipal Court, the Firm represented a real estate management company in toxic mold claims by a tenant. After summary judgment motions, the claims were dismissed by stipulation of the parties.
November 2008- The Firm conducted legal due diligence and coordinated the closing of the acquisition of a $23 million commercial and residential loan portfolio by a Midwestern bank.
November 2008 – The Firm represented a private Rhode Island lending institution in the closing of a $950,000.00 SBA guaranteed loan secured by multiple properties and business assets in Plymouth County.
October 2008 – In Hilerio v. Premium Liquors, et al., Bristol Superior Court, the Firm represents a business owner in claims that a clerk served alcohol to a minor patron leading to a devastating car crash that resulted in permanent brain injuries.
October 2008 – The Firm assisted a Maryland concern in the review and analysis of a $19.4 million loan portfolio secured by properties in Texas, New Jersey, Delaware, Virginia and Maryland.
September 2008 – In Laforest v. Northeastern et al., Suffolk Superior Court, the Firm represented a client in claims under G.L. c. 151B, the state anti-discrimination statute. The case was reported settled before its September 3, 2008 trial date.
August 2008 – In Global Business Exchange v. BL Trading, Inc. et al., the Firm obtained a private settlement in claims relating to a multi-million dollar stock purchase agreement.
July 2008 – The Firm negotiated a 10,000 square foot commercial lease for a national drug store chain in a Western Massachusetts retail mall.
July 2008 – In BG Strategic v. Ticonderoga Capital et al., Middlesex Superior Court, the Firm represents a business consultant in breach of contract and unfair trade practices claims in a case pending before the Massachusetts Appeals Court.
June 2008 – In Burrage et al. v. Betty Gibson Associates, Inc. et al., Suffolk Superior Court entered judgment in favor of the Firm’s client after a hearing on a motion to dismiss. The case involved plaintiff’s claim that she had been misled into purchasing certain real estate located in Boston. Citing specific terms of the contract for purchase, the Firm was able to secure a dismissal on all counts of the complaint against our client.
June 2008 – In Aerus Electrolux v. ALB Marketing et al., the Business Litigation Session of the Suffolk Superior Court entered judgment in favor of the Firm’s client, Electrolux, on all counts of a complaint citing trademark infringement and unfair competition. Included in the $550,000 judgment was a permanent injunction against the defendants, triple damages and an award of attorney’s fees.
June 2008 – The Firm represented a Canadian corporation in the $7.3 million purchase of a restaurant chain in Massachusetts. The representation included the transfer of all restaurant licenses and permits at the municipal and state levels, as well as the negotiation and award of the client’s lottery agency.
May 2008 – In Commonwealth v. Cannon, the Firm gained dismissal of a criminal action brought by a Nursing Home’s former employee against an administrator at the Nursing Home – a dispute resulting from the employee’s termination. The Firm represented the interests of the Nursing Home.
May 2008 – the Firm secured liquor licensing for a Massachusetts restaurant chain in the new Patriot Place development in Foxborough, Massachusetts.
May 2008 – In Abdel-Fattah ., The Community Bank, et al, the Firm successfully mediated a complex, five-party commercial real estate dispute which allowed the Firm’s real estate client to avoid nearly $1,000,000.00 in liability exposure under mortgage obligations secured and judgments entered prior to the Firm’s representation.
May 2008 – In U.S.A. v. Karagiorgos, et al., the Firm successfully defended and resolved multi-million dollar claims brought by the I.R.S., through the U.S. Attorney in Boston, against our clients in the United States District Court for the District of Massachusetts. The settlement was achieved after multi-day mediation before a United States Magistrate Judge in Boston.
May 2008 – In Gibson v Donnelly, et al., the Firm successfully defended and resolved civil rights claims against the defendant, a former prison guard for the Suffolk County Sheriff’s Office. The case in Suffolk County Superior Court shall be dismissed with prejudice and without costs against the Firm’s client.
May 2008 – In Bates v. Town of Harwich et al, the United States District Court for the District of Massachusetts awarded the Firm attorney’s fees as a sanction against Defendants for their failure to timely pay an agreed settlement in the case.
May 2008 – In Pietryka v Humphrey, et al., the Massachusetts Land Court entered a Decision after trial conducted by the Firm adopting, in part, the boundary proposed by the Firm’s client in a lawsuit regarding lot line disputes and Cross Access Easements.
April 2008 – The Firm represented a group of investors in the opening of a restaurant franchise in New York, performing all local and foreign incorporations, as well as lease and financing negotiations.
April 2008 – In Gavriel v. Efstratios Stratis, et al, the Firm successfully defended the appeal brought by the Defendant after a jury trial decision in favor of the Firm’s client. The underlying lawsuit involved conversion claims relating to the management of a Dunkin’ Donut franchise. In a settlement of the claims and appeal, the defendant paid the full price of the judgment, with interest, to the Firm’s client.
April 2008 – The Firm completed the shareholder sale of interests held in a private publishing company. The transaction included the negotiation of intellectual property rights the Firm’s client had in various copywrite materials.
March 2008 – In Bates v. Town of Harwich et al, the Firm prosecuted federal civil rights claims against the defendant police officers stemming from the plaintiff’s severe injuries, including removal of his spleen and kidney, after being shot by local police. The case was tried for one week before a federal jury in the United States District Court for the District of Massachusetts.
March 2008 – The Firm successfully defended at trial claims advanced against a real estate developer in Norfolk Superior Court (Aboalanim v. Abdel-Fattah, et al, Norfolk C.A. No. 06-797). The defense verdict resulted in the dissolution of $125,000.00 in real estate attachments secured pre-suit against the Firm’s client.
February 2008 – In Houde v. City of Worcester et al., the Firm prosecuted federal civil rights claims against the defendant police officers stemming from the plaintiff’s severe injuries, including facial fractures and lacerations, after an encounter with local police. The case was settled on the first day of trial in the United States District Court for the Central District of Massachusetts (Worcester).
February 2008 – The Firm successfully negotiated the settlement of a libel/defamation claim against an internationally-known newspaper.
January 2008 – The Firm obtained a $250,000.00 policy limit settlement of a wrongful death claim on behalf of a decedent’s estate. The motor vehicle accident case involved a disputed theory of liability – the “uncontrollable physical act” defense (the tortfeasor suffered a stroke at the time of the accident).
January 2008 – In GSH, Inc. v. Acclinet et al., the Firm defended claims under the federal Lanham Act (cyber piracy statute), the Massachusetts Consumer Protection statute and common law breach of fiduciary duty. The $12 million claims related to the break-up of, and competition between, companies that compete in the secondary Sun Microsystems hardware and software market. At summary judgment, the Firm gained a dismissal of all claims brought against its clients.
December 2007 – In Stilian Electric, Inc. v. Gipore, Inc., et al, (Suffolk Superior Court), the Firm successfully defended at trial the sole officer and shareholder of a corporate owner of a Newbury Street boutique against breach of contract and corporate veil-piercing claims advanced by a electrical contractor.
December 2007 – The Firm successfully mediated a gender discrimination claim against a Fortune 400 company. The claim, which involved allegations of discrimination premised on maternal responsibilities, resulted in the plaintiff receiving two years’ pay as compensation.
December 2007 – In Stratis v. Dunkin’ Donuts, Gavriel, et al. (Norfolk Superior Court), the Firm obtained a six figure verdict after trial before Justice Brady of the Norfolk Superior Court. The case involved a franchise dispute between shareholders of a Dunkin’ Donut franchise, a close corporation. After briefing and argument before the Massachusetts Appeals Court, the judgment in favor of the Firm’s client was affirmed.
November 2007 – In Cambridge Search LLC v. Bioforce Solutions, LLC, (Middlesex Superior Court), the Firm successfully defended and resolved a complex commercial dispute in which the plaintiff claimed that the defendants converted confidential competitive information and engaged in unfair competition.
November 2007 – The Firm successfully negotiated the settlement of a wrongful discharge claim against an international financial services company. The claim was based on misrepresentation and fraud in the inducement theories.
November 2007 – In Aerus/Electrolux v. Burlwood Realty et al (Middlesex Superior Court), the Firm represented the trademark owner of the famous Electrolux vacuum and appliance brand. Electrolux claimed unfair trade competition and misappropriation of its trade names and secrets. After securing a preliminary injunction in favor of Electrolux in Superior Court, the Firm resolved the dispute by private settlement.
November 2007 – In Munger v. UMass Medical Center, et al (Worcester Superior Court), the Firm represented the plaintiff in a complex medical malpractice/wrongful death action. The Firm appeared before, and obtained a favorable result from, a medical malpractice tribunal in Worcester Superior Court on November 7, 2007.
November 2007 – The Firm successfully negotiated the settlement of a multi-party motor vehicle accident. The Firm’s client, who suffered a cervical disc herniation and soft tissue injuries, received in excess of $100,000.00 in aggregate settlement monies.
October 2007 – In Lundblad v. Classic Restaurant Concepts, LLC (Suffolk Superior Court), the Firm represented an Estate in wrongful death claims against a Framingham bar. The case was set for trial on October 22, 2007 and resolved by the parties in a private settlement.
October 2007 – In Dorsey v. Pfizer et al., (U.S. District Court, Mass.), the Firm represented a plaintiff devastated by the affects of the wrongful prescription of the drug nuerontin. The makers of the drug have pled guilty to criminal charges stemming from the improper marketing of the drug and were sentenced to pay a fine of $240 million.
October 2007 – In Santos v. Orman et al (Bristol Superior Court), the Firm, as lead counsel (along with attorneys representing Liberty Mutual Insurance Company), defended a wrongful death claim stemming from a tragic traffic accident. After resolution of a related criminal court action, the Firm negotiated a settlement of the civil claims in which its client was responsible for only $15,000.00 in damages.
August 2007 – In Edens Campus Plaza, LLC v. Ron & Bru,, the Firm successfully tried a summary process action involving commercial real estate in East Hampshire District Court. The plaintiff was awarded judgment in excess of $70,000.00, plus attorney’s fees and costs, with claims for future rent and other damages pending in federal court.
August 2007 – In Sprague v. Walsh (Plymouth Superior Court), the Firm represents a member of a limited liability company, a close corporation, in claims of breach of fiduciary duty between the members. On August 21, 2007, the Firm sought and obtained a preliminary injunction requiring the defendant to abide by his fiduciary duties.
July 2007 – In Bourne, et al. v. DiCastro, et al (Suffolk Superior Court) the Firm successfully tried a breach of contract claim involving the sale of real estate. The Firm’s clients were awarded all liquidated damages under the contract, plus interest and costs.
June 2007 – In Niazi v. Akbar (Norfolk Probate Court), the Firm represented a father in a complex international custody dispute brought in the United States after a divorce several years earlier in Pakistan. After successfully arguing jurisdictional issues at a three day evidentiary hearing before Judge Kopelman, Chief Judge of Norfolk Probate Court, the dispute was resolved by stipulated order entered by the Court on June 25, 2007.
June 2007 – In Micro Signal Research, Inc. v. Otus et al. (United States District Court, Mass.), the Firm filed suit alleging an internet scam whereby the defendant converted hundreds of thousands of dollars. During the initial stage of the litigation, the Firm obtained real estate and bank attachments and a preliminary injunction in U.S. District Court in Massachusetts to enforce against the defendants who resided in California. The defendants appealed to the First Circuit Court of Appeals. The Firm defeated the appeal in a hearing before a three judge panel of that Court. A private settlement was achieved and a stipulation of dismissal was filed shortly before trial.
May 2007 – In MacPherson v. Social Security Administration, the Firm successfully prosecuted a claim under the Americans with Disabilities Act before the Equal Employment Opportunity Commission. The complainant, a Social Security Administration employee, was awarded a retroactive promotion, enhanced pension benefits and attorney’s fees and costs.
November 2006 – In Cammett v. Fahnestock & Co., Inc., et al, the Firm successfully prosecuted securities claims in a National Association of Securities Dealers arbitration. The Firm’s client was awarded damages for losses arising out of unsuitable investments overseen and undertaken by the defendants.