Litigation

Our trial attorneys approach each case as unique. While we recognize that most cases settle prior to trial, we are always prepared to try a case if necessary. We scrutinize each case and strategically plan with you. Our goal is to obtain the best overall result while using the most cost effective means. By working with our firm's practitioners in other substantive areas, we give our clients the best combination of practical experience and sophisticated litigation strategy.

Our Department has expertise in Appellate Law, Business & Commercial Litigation, Creditors' Rights and Bankruptcy, Employment Law, Insurance Coverage, Personal Injury and Real Estate Law. Representative matters include:

• Among the first practitioners to argue interpretation of the then-new lis pendens statute before the Massachusetts Appeals Court.
• Argued insurance-related matters before Massachusetts Appeals and Supreme Judicial Courts.
• Argued matters arising under homeowners' insurance before Massachusetts Appeals Court.
• Argued matters concerning creditors rights before the United States First Circuit Court of Appeals.
• Obtained recovery for custom software developer from clients who refused to pay for the completed software.
• Defended claim for payment, obtained recovery on counterclaim for industrial equipment which failed to operate properly.
• Defended attempt by Boston commercial landlord to argue alleged loophole in lease that would have permitted termination of lease in attempt to triple tenant’s rent.
• Defended claim of "freeze out" merger.
• Trial and appeal to Massachusetts Appeals Court of sex-discrimination claim.
• Defense of claim by former employer that employee breached employment contract, breached duty of loyalty, and breached non-competition agreement.
• Defense of contractor against wrongful death claims from electrocution.
• Subrogation recovery of seven-figure verdict arising from neck injury caused by improperly labeled packaging.
• Seven-figure recovery for brain-injured employee arising from construction site accident.
• Defense of personal injury and property damage due to explosion allegedly caused by faulty product.
• Defense of commercial eviction and prosecution of claims for refusal to sell premises to tenant, caused by disagreement over option provisions in commercial lease.
• Use of lis pendens to force quick resolution in several instances where sellers refused to complete sale of premises due to higher subsequent offers.

Business/Commercial Litigation:

Including but not limited to the purchase and sale of businesses, goods and services, warranties, leases and "freeze out" mergers.

Creditors' Rights & Bankruptcy:

Includes foreclosures, eviction, bankruptcy, and consumer and commercial collection.

Employment Law:

Includes wrongful termination, discrimination, non-competition and non-solicitation agreements, OSHA regulations, wage and hour disputes and regulatory compliance audits.

Insurance Coverage:

Includes auto, homeowners, Commercial General Liability (CGL), Errors and Omissions (E&O), Reinsurance and Workers' Compensation.

Personal Injury:

Includes motor vehicle, premises liability, construction accidents and product liability.

Contact: Department Head Scott L. Machanic