BARRY v. 3M COMPANY ET ALS. MIDDLESEX SUPERIOR COURT No. 1981CV03038 In this case, our firm secured dismissal of a long-time pipe supplier client from costly mesothelioma litigation filed against multiple manufacturers, suppliers and distributors in the New England area. Mesothelioma cases typically involve claims for wrongful death and/or permanent injuries (including pain and suffering) […]
Author: Ryan Avery
Remillard v. United States Office of Workers’ Compensation Programs U.S. Department of Labor, Office of Workers’ Compensation Programs Our office successfully appealed the denial of our client’s continuation of pay benefits from the United States Postal Service. Thereafter, the client was approved by the Department of Labor for a schedule award compensating him for 12% permanent impairment […]
Massachusetts Independent Contractor (IC) Advisory: Client Control May Nullify Independent Contractor Massachusetts business owners who wish to utilize independent contractors should be mindful of the amount of control exercised over these workers by clients of the business, as it is now clear that such control can be imparted to the employing unit for the purposes […]
Bridgeline v. Linwood Construction, LLC et al. Middlesex Superior Court No. 2014-07133-B Successfully defended efforts by the defendant general contractor and surety company to compel arbitration of plaintiff subcontractor’s payment bond claim, which would have severely limited the subcontractor’s rights to full recovery. Instead, a six-figure settlement was obtained that compensated the subcontractor client for its […]
Weaver v. 89 Commercial Road, LLC Worcester Superior Court No. 2014-00977 United States Bankruptcy Court (D. Mass) No. 2014-41634 Our client was awarded the full principal and interest due to him under a promissory note from the Chapter 11 debtor, following attachment of the debtor’s single asset in state court and the successful re-negotiation of the debtor’s Chapter 11 bankruptcy […]
Freehart et al. v. Charlton Welding et al. Worcester Superior Court 2013-0633 Our office successfully moved for summary judgment in favor of the defendant (a commercial trucking company) on all of the plaintiffs’ overtime claims, worth approximately $186,000.00, after the plaintiffs were determined to be exempt from mandatory overtime pay under the state and federal motor carrier exemptions.
Miso, Inc. v. Dias et al. Worcester Superior Court 2013-01040 Full market value of automotive garage destroyed by gasoline explosion recovered on behalf of property owner from tenant’s out of state insurer. With the assistance of fire recreation and real estate appraisal experts, firm presented compelling evidence of tenant’s negligence and pressed claims for unfair […]
Duclos v. O’Leary et al. Middlesex Superior Court 2013-00642 Successful action to quite title to client’s Marlborough property. Property had never undergone probate after the last owner with clear title passed away in 1943, and client had received defective deeds in 1981 from the “then-known” heirs.
Auburn Winwater Works Co. v. Environic Solutions Newton District Court 1312 CV 131 Summary judgment entered in plaintiff supplier’s favor on all claims and counterclaims, upon showing that contractor had “accepted” all materials under the UCC, and that contractor’s failure to read or understand terms of the parties’ credit agreement was not a cognizable defense […]
H.R. Prescott & Sons, Inc. v. Western Surety Co. et al. Middlesex Superior Court C.A. 2011-03871-B Successfully established defendant surety company’s “actual notice” of client’s bond claim within statutory time frame, prompting six figure settlement.