Representative Matters

Business Commercial
• • As a judge, presided over litigation where a real estate developer alleged that a construction lender failed to provide funding for the second phase of a development project. The lender countered that the real estate developer failed to complete the first phase of the project by the date specified in the loan agreement and failed to obtain an appraisal that was a condition of phase two funding
  • As a judge, presided over litigation where a general contractor sued for breach of contract and quantum meruit for goods and services provided to a telecommunications systems installer; the plaintiff alleged that it performed work at the home of the telecom’s president in exchange for the promise of work as the telecom’s subcontractor on public utility projects; the defendant counterclaimed that there were significant construction defects at multiple worksites and that the general contractor submitted duplicate and often misleading, inflated and fraudulent invoices
  • As a judge, presided over litigation where a general contractor alleged that a developer failed to pay construction costs, as the parties had agreed; The developer countered that there were defects in the work performed by the general contractor and that part of what it constructed was within a utility easement, which resulted in financial losses to the developer
  • As a private practitioner, handled civil litigation between joint venture partners involving ownership of a major media company
Education Law
• • As a private practitioner, handled disputes related to school law; clients included educational institutions, faculty and students
Employment Law
• • As a judge, presided over litigation involving employment disputes, including wrongful termination, noncompete and whistleblower allegations
Insurance
• • As a private practitioner, represented parties at an insurance arbitration involving claims of breach of contract, negligence and breach of fiduciary duty relating to claims handling practices
Life Sciences
• • As a judge, presided over matter where a pharmaceutical company entered into an agreement with a biomedical consulting firm to provide services related to the development of a medical device, and related regulatory compliance; the pharmaceutical company paid the consulting firm several million dollars for work performed; the medical device never came to the market; the consulting firm initiated litigation alleging that the pharmaceutical company failed to pay invoices for services rendered; the pharmaceutical company countered that the services provided by the consultant were not worth the amount paid and that the consultant fraudulently misrepresented the viability of the project
  • As a private practitioner, represented a party at an arbitration involving breach of contract claims between pharmaceutical companies regarding a failed joint venture for the development of diagnostic products
Personal Injury
• • As a judge, presided over litigation where plaintiff alleged that he was stopped in an intersection at a red light with his left blinker flashing; a vehicle coming from the opposite direction stopped and waved at the plaintiff to make the left turn; as the plaintiff was completing the turn, the defendant allegedly drove around the vehicle that had waved, causing an accident and significant personal injury; the defendant argued that he proceeded through a green light at the intersection and that it was the plaintiff who was negligent
  • As a judge, presided over litigation where plaintiff, a customer, alleged that a grocery store failed to clean the floor after a spill, causing the plaintiff to slip and fall and sustain a serious injury; the grocery store asserted that it was not negligent, that plaintiff was aware of the spill that the floor was cleaned, that a warning sign was placed in the area and that the plaintiff exaggerated the nature and extent of the injuries
  • As a judge, presided over litigation where the plaintiff alleged that melting snow dripping from defendant’s roof resulted in unsafe conditions on the walkway below, causing the plaintiff to fall and sustain serious injuries; the defendant countered that it regularly shoveled and sanded the walkways, but that this incident occurred during a snowstorm, so there was no opportunity to clear the area
  • As a private practitioner, represented a party in civil litigation arising out of a fire and explosion at a manufacturing facility in Massachusetts
Professional Liability
• • As a judge, presided over litigation where plaintiff’s estate alleged that medical personnel failed to recognize and treat symptoms of a life-threatening cardiac condition; the defendants argued that plaintiff’s symptoms were not indicative of the condition that caused the plaintiff’s death and that plaintiff’s care was appropriate and consistent with the applicable standard of care
  • As a judge, presided over litigation where the plaintiff’s estate engaged the services of a financial services firm and then sued, alleging that the firm was negligent in providing investment and tax planning services; the financial services firm asserted that it never expressed proficiency in the areas of the alleged deficiencies and that the agreement between the parties did not include those services
  • As a judge, presided over litigation where plaintiff, after giving birth by cesarean section, experienced acute vaginal hemorrhaging, which required emergency care and ultimately a hysterectomy; the plaintiff alleged that the defendants failed to consult practitioners with more knowledge and experience treating postpartum hemorrhaging and that the hysterectomy was performed unnecessarily; defendants countered it was likely that the plaintiff sustained an injury to the cervical branch of her uterine artery at the time of delivery, that their primary concern was the life of the patient and that the care provided was consistent with the accepted standard of care
Real Property
• • As a judge, presided over litigation where plaintiffs alleged that a municipality installed sewer lines across their farm property without authorization, thereby interfering with plaintiffs’ plans to develop the property; the municipality, which alleged that the lines were installed pursuant to an easement agreement, instituted a taking by eminent domain, paying plaintiffs a sum that the municipality considered just compensation; plaintiffs sought to prove that the compensation amount was not reasonable and that they were entitled to use and occupancy compensation
  • As a judge, presided over litigation where property owners sought to enjoin a mortgage holder from foreclosing on property they owned and occupied; the plaintiffs alleged that as of the date of the foreclosure notice, the mortgage holder did not hold the mortgage pursuant to a valid chain of custody; the mortgage holder claimed that it held the mortgage through a chain of assignments linking it to the record holder of the mortgage and, as such, possessed the legal authority to foreclose
  • As a judge, presided over litigation where a municipality sought to enjoin the keeping of unlicensed farm animals on a parcel of land adjacent to defendant’s home; the defendant alleged that it obtained an easement from the owner of the adjacent property that allowed the keeping of animals on the land; the municipality denied that any such easement had been granted and that health regulations enacted after the alleged easement required a permit; the defendant countered that because the animals had been on the property for an extended period, the defendant was not subject to the permit requirement