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May 10, 2010 -
Jeff Stern and Alisa Hacker in Win for Estate Beneficiaries Title Withheld SRBC's Jeff Stern and Alisa Hacker recently won a victory for the beneficiaries of an estate seeking to defeat a substantial claim for attorneys' fees.
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September 29, 2009 -
Victory for SRBC Client in ERISA Case Rogers v. Perry Dean Rogers & Partners
SRBC's Sam Furgang recently won a victory for an employer in a suit by the surviving spouse of a deceased employee, who claimed that the employer failed to meet its contractual obligation to arrange for continuing life-insurance coverage during the employment period. When the ...
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September 25, 2009 -
Victory for Plaintiff in Race-Discrimination Case Bridges v. Alcoholic Beverages Control Commission
SRBC's Ed Barshak recently won a decision before the Massachusetts Commission Against Discrimination in a case involving racial discrimination against an African-American man who was not hired as an investigator by the Massachusetts Alcohol Beverages Control Commission. ...
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May 27, 2009 -
Summary Judgment Win for Insurer on Prejudice Issue Title Withheld SRBC's Susan Hartnett and Shanel Lindsay scored a recent summary-judgment victory for an insurance-company client, in a case where the insured landlord failed to report a slip-and-fall lawsuit in housing court, and allowed a default judgment to enter against him.
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April 10, 2009 -
O'Neill and Levin Win Dismissal of Case Against Lender Cheryl Collins v. Taylor, Bean & Whitaker Mortgage Corp. SRBC's John O'Neill and Andrew Levin recently won dismissal of a lawsuit by a home buyer against a mortgage company. The buyer complained that she was induced by the mortgage company and other defendants to purchase the house for more than it was worth. After giving the buyer two opportunities to ...
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March 06, 2009 -
SRBC's Barry and Levin Win Major Victory for Volkswagen Owen Milne v. Volkswagen AG and Volkswagen Group of America, Inc. SRBC partners David Barry and Andrew Levin recently won a jury verdict for Volkswagen in federal court in Vermont, in a case arising from a rollover accident in which the plaintiff, a passenger in a 1999 VW Jetta, was rendered quadriplegic. The plaintiff claimed medical and lost-earnings damages of ...
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December 17, 2008 -
Early Win for Developer in Subdivision Dispute Title Withheld SRBC's Dylan Sanders recently won an early summary judgment for a developer-client in a dispute involving a Boxborough subdivision. The dispute arose when the defendant landowners failed to comply with a contractual obligation to grant the developer an easement, which was necessary to permit ...
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November 05, 2008 -
SRBC Wins Dismissal of Suit Against Condominium Trustees John S. Davagian, II and Joyce N. Davagian v. The Cape Codder Condominium Trust, William Balz, John Nelson, and Kathleen Taylor A lawsuit against the trustees of a condominium trust has been dismissed based on a motion for summary judgment filed by SRBC partner John O'Neill. Two units in the condominium complex suffered water damage from frozen pipes. A claim was made against the condominium's property-insurance policy, but ...
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September 24, 2008 -
Win for SRBC Insurance Client in Coverage Dispute Title Withheld SRBC's Susan Hartnett and Matthew Lyons obtained summary judgment for an insurance-company client in a case arising from a fight at a night club that resulted in serious injury. The coverage dispute centered on the policy's exclusion for "expected or intended" harm. The court agreed that the ...
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July 09, 2008 -
Appellate Victory in Response-Cost Case Bank v. Thermo Elemental, Inc. SRBC clients have won a major ruling from the Massachusetts Supreme Judicial Court in a case involving the right of property owners who clean up environmental contamination to recover "response costs" from other liable parties. The decision is ...
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July 02, 2008 -
Win for Housing Complex in Snow-and-Ice Case Title Withheld SRBC's Serena Madar and John O'Neill recently won a summary-judgment victory for a low-income, federally subsidized housing complex in a lawsuit brought by one of its long-time tenants who slipped and fell in the parking lot outside her apartment building during a major snowstorm in 2003. The ...
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January 08, 2008 -
Win for SRBC Client in Rescission Dispute Title Withheld The Massachusetts Appeals Court has ruled in favor of an insurance-company client of SRBC in a dispute over another insurer's right to rescind an umbrella policy, based on an alleged misrepresentation by the insured on an application. The court agreed with SRBC's client, represented by partner ...
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December 07, 2007 -
Win for Professional Liability Insurer Title Withheld An SRBC insurance client has prevailed in a South Carolina dispute over interpretation of an attorneys’ professional liability policy. A real estate lawyer was sued after another party misappropriated funds from a trust account used for funding transactions. The lawyer sought coverage under his ...
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November 13, 2007 -
Settlement for SRBC Client in Medical Malpractice Title Withheld SRBC partner David Barry recently assisted a 72 year-old client in successfully settling a medical malpractice case based on her doctor's failure to promptly diagnose and treat the client's temporal arteritis, an inflammatory disease most commonly affecting arteries of the head. The condition ...
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September 25, 2007 -
Win for SRBC Clients in Shareholder Dispute Michael J. Murphy v. Clyde N. Grey, Jr., Joseph R. Onorato, and Newbury Design Associates, Inc. In a lawsuit brought by a minority shareholder of a professional services firm whose employment had been terminated, a judge recently granted a motion for summary judgment by SRBC on behalf of its clients, the firm and its majority shareholders. The plaintiff claimed that he had been the ...
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August 06, 2007 -
Win for SRBC Client in Insurance Coverage Dispute Title Withheld SRBC recently succeeded in obtaining summary judgment in favor of an insurance-company client in a dispute over an umbrella policy and responsibility for a $2 million settlement arising from an automobile accident. The settling plaintiffs, acting as assignees of the company's insured, ...
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May 09, 2007 -
Appeals Court Win in Legal Malpractice Case Bradley v. Davis Malm & D'Agostine The Massachusetts Appeals Court has affirmed a favorable summary judgment ruling for an SRBC client in a legal malpractice case, agreeing that the statute of limitations barred the claim. The case arose from a contractual dispute between the developer of a Cape Cod retirement community and ...
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May 02, 2007 -
Summary Judgment Victory in Employment Case Title Withheld A superior court judge has granted a motion for summary judgment filed by SRBC and dismissed a lawsuit brought by a former oil-service technician against his employer. The employee had suffered a work-related injury, and after a lengthy recovery period his ...
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March 12, 2007 -
Victory in Arbitration-Discovery Dispute Liberty Mutual Ins. Co. v. White Mountains Ins. Group In a matter of first impression in the First Circuit and one on which other circuits have disagreed, SRBC has assisted an insurance client in securing the dismissal of a petition under the Federal Arbitration Act for judicial enforcement of a discovery subpoena. SRBC successfully argued that ...
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February 08, 2007 -
Summary Judgment Win in Insurance Dispute Six Flags, Inc. v. TIG Ins. Co. A federal district court judge in Boston has granted a motion for summary judgment filed by SRBC on behalf of an insurance client in a dispute over coverage between two carriers for an accident involving an amusement park ride. The issues involved included the interpretation of additional ...
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September 01, 2006 -
Favorable Settlement of Pharmaceutical Case Broh v. Bristol-Myers Squibb Susan Broh, a previously healthy 57 year-old woman, died in September 2001 of massive liver failure caused by Serzone, an anti-depressant manufactured and sold by Bristol-Myers Squibb, which she had begun taking less than three months earlier for mild depression, on the advice and prescription of a ...
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June 30, 2006 -
Successful Appeal in Environmental Case Weston Forest and Trail Association, Inc. v. Fishman SRBC successfully represented a non-profit conservation organization in enforcing a conservation restriction on privately-owned land in Weston. After the defendant landowner built a barn in the restricted area, SRBC brought suit on behalf of Weston Forest and Trail Association, Inc. to compel ...
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June 01, 2006 -
Appellate Victory for Wastewater Commission Friends and Fishers of Edgartown Great Pond, Inc. v. Department of Environmental Protection On behalf of the Town of Edgartown Wastewater Commission, SRBC prevailed in defending a groundwater discharged permit issued by the Massachusetts Department of Environmental Protection. The permit was necessary to enable the Town to operate an upgraded wastewater treatment facility, which ...
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May 18, 2006 -
Trial Victory in Insurance Coverage Case Hingham Mutual Fire Ins. Co. v. Mercurio SRBC prevailed in a complex declaratory judgment action brought by one insurer against another to resolve a dispute over the question of whether an umbrella policy had been properly rescinded due to an alleged material misrepresentation in a renewal application. The rescission of the ...
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May 04, 2006 -
Summary Judgment for Triathalon Organizer Roberti v. Fiske Independent Race Management SRBC has obtained summary judgment in favor of its client, a distinguished multi-sport event organizer, on claims brought by an athlete who suffered catastrophic personal injuries when his bicycle was struck by an automobile during the cycling portion of a triathlon. The competitor ...
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March 29, 2006 -
Jury Trial Victory for Patent Lawyers Title Withheld Two patent lawyers were sued for malpractice arising in a dispute between their client, a Massachusetts biotech company, and a competitor. That dispute was settled by the client's liability insurer, which then sued the lawyers, seeking $2.8 million in settlement and defense costs. SRBC was retained ...
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February 02, 2006 -
Summary Judgment in Insurance Coverage Matter Kinsella v. Insurance Company of North America SRBC obtained summary judgment in favor of its client, an insurance company, in a consolidated personal injury and insurance coverage action arising from the drowning of a woman while on a "booze cruise." The insurer denied coverage to the owner of the boat on the basis of a watercraft exclusion in ...
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December 21, 2005 -
Summary Judgment for Town in Development Case Hingham Land, LLC v. Town of Rockland SRBC obtained summary judgment for its client, the Town of Rockland, in a case involving the statutory right of municipalities to a right of first refusal on any sale for development purposes of property assessed and taxed as recreational land. The Land Court held that the Town was entitled ...
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December 15, 2002 -
Favorable Settlement of Wrongful Death Case Mulloney v. Dick's Last Resort Restaurant An HVAC technician was called to repair a walk-in freezer compartment at a restaurant. The manager of the restaurant had put blocks of "dry ice" in the compartment in an effort to keep the food cold until the unit could be repaired. Dry ice creates a potential suffocation hazard when used in ...
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September 18, 2002 -
Jury Victory in Trademark Infringement Case Hilton Hotels Corp. v. Loughney Hilton Hotels Corporation sued two Irish brothers who owned and operated a chain of Kitty O'Shea's pubs in Ireland and other parts of Europe, and in the late 1990's opened their first U.S. pub, in Boston. Hilton had in the 1980's opened a pub in one of its Chicago hotels, and adopted the Kitty ...
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August 21, 2000 -
Summary Judgment in Product Liability Case Title Withheld A 57 year-old woman who worked as an administrator for a real estate management company fell while attempting to sit in her desk chair. After the accident, she complained of numbness and weakness in her limbs, and was taken to the hospital, where she was diagnosed with acute epidural hematoma, or ...
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January 05, 2000 -
Summary Judgment in Legal Malpractice Case Title Withheld Lawyers who negotiated a 1981 settlement of a lead-paint case were sued for malpractice after the case was re-opened, based on an argument that the release signed in the first case was limited in scope. While unsuccessful in their argument to the Massachusetts Supreme Judicial Court that the ...
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November 08, 1999 -
Jury Trial Victory in Product Liability Case Frissell v. Fisher Controls James Frissell drove a liquid propane transport tractor-trailer for a Northbridge, Massachusetts supplier. In October 1989, he was making a delivery to a distribution facility in Waitsfield, Vermont when the hose running from the pump on his truck developed a leak. Frissell attempted to repair the ...
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January 18, 1996 -
Jury-Trial Win for Injured Ferry Passenger Powers v. Woods Hole, Martha's Vineyard & Nantucket Steamship Authority Charles Powers was a passenger aboard the Woods Hole, Martha's Vineyard & Nantucket Steamship Authority vessel The Islander on July 31, 1992, for its evening trip from Woods Hole to Vineyard Haven. As the vessel entered the harbor at Vineyard Haven near the end of the trip, Powers left ...
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