Cases
Reported Decisions: Dismissal
Appellate Win in Legal Malpractice Action: Represented a law firm
one of its attorneys in a legal malpractice case involving the transfer of shares in a closely held corporation. Secured dismissal at the trial level, which was affirmed by the Massachusetts Appeals Court. The Supreme Judicial Court denied further appellate review. (Robinson Green Beretta Corp. v. Adler Pollock & Sheehan P.C.)
SJC Victory in Insurance Coverage Dispute Involving Athlete's Name: Represented an insurer before the Massachusetts Supreme Judicial Court in a coverage case involving the use of Olympic marathoner Abebe Bikila's name in advertising. The court ruled in favor of the insurer, finding no duty to defend or indemnify. (Holyoke Mut. Ins. Co. in Salem v. Vibram USA, Inc.)
Precedent-Setting Win on Statute of Limitations in Fiduciary Duty Cases: Successfully argued before the Supreme Judicial Court in a case that clarified the operation of the statute of limitations in fiduciary duty claims. The Court reversed the Appeals Court
affirmed summary judgment for the defense. (Doe v. Harbor Schools, Inc.)
First Circuit Reverses Injunction in Trademark Dispute: Authored the appellate brief for Building #19 in a Lanham Act
trademark case brought by Swarovski over use of its br
in newspaper advertising. The First Circuit reversed the preliminary injunction, allowing continued fair use. (Swarovski Aktiengesellschaft v. Building #19, Inc.)
Amicus Brief on Building Code Violations
Chapter 93A Liability: Submitted an amicus curiae brief on behalf of the Massachusetts Defense Lawyers Association in a wrongful death case. The Supreme Judicial Court held that a building code violation is not, by itself, a violation of Chapter 93A. (Klairmont v. Gainsboro Restaurant, Inc.)
Stock Option Dispute Win Affirmed on Appeal: Tried a federal jury case to verdict in favor of a publicly traded student loan company in a dispute with a former employee over stock options valued at over $8 million. Authored the successful First Circuit brief affirming the judgment. (First Marblehead Corp. v. House)
Tort Liability Limited for Medical Providers to Nonpatients: Submitted an amicus brief on behalf of the Massachusetts Defense Lawyers Association in a case that addressed the scope of liability of healthcare providers. The SJC adopted the position advanced in the brief, limiting exposure to third-party nonpatients. (Leavitt v. Brockton Hospital, Inc.)
Summary Judgment Affirmed in Double Wrongful Death Case: Authored the appellate brief in a case involving two wrongful death claims. The Massachusetts Appeals Court affirmed the trial court's grant of summary judgment for the defense,
the SJC denied further review. (Kelly v. OE Plus, Ltd.)
Decision Clarifies Insurer Contribution Rights: Successfully opposed summary judgment in a case concerning equitable contribution among insurers. The Superior Court's decision addressed novel questions under Massachusetts law involving concurrent coverage obligations. (United States Fire Ins. v. Peerless Ins.)
Pollution Exclusion Interpreted to Allow Common-Law Property Recovery: Authored the brief for the insurer in an appellate case interpreting the pollution exclusion in a homeowners insurance policy. The Appeals Court held that certain cleanup costs related to a heating oil spill could fall within a property-based exception. (Clean Harbors Envtl. Servs. v. Boston Basement Techs., Inc.)
