Cases
Representative Matters: Representing a bank in an action brought by the Consumer Fraud Protection Bureau (CFPB) alleging violations of the Truth in Lending Act (TILA) with respect to the bank's historic credit card operations.
Regularly defends banks
other financial services companies in consumer litigation, including class action
single plaintiff claims under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Housing Act, Equal Credit Opportunity Act (ECOA), Americans with Disability Act (ADA)
other anti-discrimination laws.
In 2018, won a complete defense verdict in a jury trial in U.S. District Court for the District of Rhode Isl
for a luxury hotel chain that was sued by a person who was physically assaulted in a hotel lobby.
Won summary judgment on behalf of a national bank in a negligent misrepresentation case brought by a customer victimized by a fraudulent check/wire transfer scheme.
On behalf of a national bank, successfully moved to dismiss a class action complaint brought in the United States District Court for the District of Maine by student loan borrowers alleging violations of the Truth in Lending Act.
Defended a multi-national metals recycling company in litigation brought by owner of adjacent commercial property asserting claims for nuisance
property damage resulting from scrap metal stevedoring operations. (Decisions issued in this case were named among of the Top 100 Most Important Decisions of 2014
2015 by Rhode Isl
Lawyers Weekly).
Represented a food distribution company that conducted a nationwide product recall due to salmonella contamination of its products through tainted pepper. Obtained a $33 million judgment against one spice company defendant
successfully pursued all other responsible parties.
Successfully obtained judgment on the pleadings on behalf of an international metals recycling company in a class action litigation brought by suppliers alleging violations of the civil RICO act
other claims.
Achieved denial of class certification
dismissal of all claims asserted against a commercial bank in a class arbitration matter alleging violations of the Vermont Consumer Fraud Act.
Won summary judgment on behalf of a mortgage lender accused of violating the appraiser independence provisions of the Dodd Frank Act.
Obtained dismissal of class action claims under the Rhode Isl
Deceptive Trade Practices Act against an attorney accused of misleading advertisements. (Named one of the Top Ten Most Important Decisions of 2013 by Rhode Isl
Lawyers Weekly).
Successfully moved to dismiss claims brought against a commercial bank by a law firm that was defrauded by its payroll company, which maintained accounts at the bank. (Named one of the Top 100 Most Important Decisions of 2013 by Massachusetts Lawyers Weekly).
Defended a defense contractor in South Carolina federal court in a dispute with a finance company regarding U.C.C. factoring liens.
Represented a minority shareholder in a dispute against the majority shareholders in a closely held company involving valuation of the company.
Initiated
successfully concluded a Limitation of Liability Action on behalf of a boat club
a vessel involved in a double fatality maritime accident in Narragansett Bay.
Enjoined a Korean manufacturer
two former employees of a construction equipment manufacturing company from misappropriating trade secrets
unlawfully establishing a competing business,
negotiated a resolution of the associated damage claims.
Successfully appealed the award of summary judgment
affirmed a class certification ruling in a nationwide commercial class action lawsuit involving indexed annuities.
Case Studies: AP&S Prevents Certification of Class Action Against Charter One Bank
AP&S Litigation Team Guides Gourmet Food Company to Recovery of Lost Revenues
