Case Reports

       
 
April 01, 2014 -
SRBC Lawyers Win Dismissal of "False Alarm" Product Suit
Litowsky v. ASCO Power Technologies, L.P., et al.

SRBC's David Barry and Gwen Nolan King have obtained a victory for an SRBC client in a product-liability case attempting to link an automobile accident to a false alarm at a school. The plaintiff in the case was seriously injured while attempting to cross a roadway, when he was struck by a ...
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October 16, 2013 -
SRBC Lawyers Secure Personal Judgment Against Owner of Defunct Corporation
Meehan v. Nash
The Massachusetts Appeals Court has dismissed an appeal by the owner of a defunct corporate tenant in a case in which SRBC partner John O'Neill and associate William Benson succeeded in piercing the corporate veil and obtaining a personal judgment against the owner on behalf of their ...
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September 12, 2013 -
$4 Million Settlement for Child Victim of School Bus Accident
Title Withheld
SRBC partner Michael Appel recently obtained a $4 million settlement for the parents of an eleven-year-old girl who suffered a brain injury when the school bus in which she was riding rear-ended another bus. The driver admitted she had turned to reprimand another child on the bus and taken her eyes ...
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June 19, 2013 -
Appellate Win for SRBC Clients in Product-Liability Case
Christensen v. Thornton
SRBC's David Barry and William Benson have secured a victory in the Massachusetts Appeals Court on behalf of their clients Emerson Electric Co. and W.W. Grainger, Inc., in a product-liability case involving an industrial fan. The Appeals Court upheld both a trial judge's decision granting a motion ...
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May 15, 2013 -
Plaintiff Agrees to Dismiss $75MM Products Claim
Title Withheld
Plaintiff, a Mexican insurance company, filed suit in Massachusetts Superior Court to recover $75MM in property damage sustained as a result of a catastrophic fire at its Mexican insured’s plant in Mexico.  The plaintiff asserted claims against SRBC’s client, a large American manufacturer ...
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June 20, 2012 -
Victory for National Association of the Deaf in Netflix Case
National Association of the Deaf v. Netflix, Inc.
SRBC’s Christine Netski is part of a team of lawyers representing the National Association of the Deaf and other plaintiffs in a lawsuit against Netflix, Inc., for failing to provide equal access, through closed-captioning for deaf and hearing-impaired customers, to its internet video-streaming ...
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May 03, 2012 -
$6M Settlement in Body Armor Case
First Choice Armor v Toyobo
SRBC's Michael Appel, along with co-counsel Pitts Carr and David Cohen of Atlanta, have successfully settled a lawsuit they brought  against the maker of Zylon, a fiber used in the manufacture of bullet-proof vests. The suit was filed on behalf of First Choice Armor & ...
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March 21, 2012 -
$4.5 Million Settlement for Parents of Slain College Student
Title Withheld
SRBC partner Michael Appel recently obtained a $4.5 million settlement on behalf of the parents of a young female college student who was shot to death in her off-campus apartment in Boston, and who brought a wrongful-death action against the owner and management company of the ...
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March 09, 2012 -
Appeals Court Affirms Judgment for C&D Waste Facility Against Town's Challenge
Ware Real Estate, LLC v. Town of Ware
The Massachusetts Appeals Court today affirmed a December 2010 trial court victory by SRBC partners Lisa Goodheart and Dylan Sanders for the owners of a central Massachusetts construction and demolition ("C&D") waste recycling facility, vindicating the facility's special permit and ...
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December 21, 2011 -
Malpractice Settlements for Abused Child Reach $7.35 Million
Title Withheld
SRBC partners David Barry, Jeffrey Stern and Tony Agudelo have obtained a settlement with the last of the defendants in a malpractice case on behalf of the estate of a severely abused child who eventually sustained a traumatic brain-stem injury that put her in a coma for several ...
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December 20, 2011 -
Summary Judgment Win in Dispute Over Employee's Contracting Authority
Boston Landmark Realty, LLC v. A&E Factory Service, LLC
An SRBC client that provides product-repair services for appliances and other products nationwide has won a summary-judgment victory in Massachusetts in a dispute over an oral contract allegedly made by one of the client's service technicians to perform work outside the scope of the company's ...
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November 08, 2011 -
Victory for SRBC Insurance Client in West Virginia Coverage Case
Title Withheld
A West Virginia court has awarded a summary-judgment win to a professional-liability insurance carrier represented by SRBC's Regina Roman and John O'Neill, in a case involving a law firm's late reporting of a claim.

...
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October 07, 2011 -
SRBC Lawyers Settle Weight-Loss Class Action
Title Withheld
SRBC partners David Barry and Andrew Levin have negotiated a class-action settlement on behalf of consumers of dietary supplement products marketed to promote weight loss in women. The class-action suit alleged that the products at issue, including "Slimquick" and others, were misleadingly ...
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May 04, 2011 -
Cumulative Malpractice Settlements for Abused Child Increased to Over $4.5 Million
Title Withheld
SRBC partners David Barry, Jeffrey Stern and Tony Agudelo have obtained additional settlements in an ongoing case on behalf of the estate of a severely abused child who eventually sustained a traumatic brain-stem injury that put her in a coma for several months, and left her ...
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April 21, 2011 -
Directed Verdict for SRBC Client After Opponent's Opening Statement
Christensen v. Emerson Electric Co. et al
A Dukes County Superior Court judge recently took the highly unusual step of granting a directed verdict in favor of SRBC client Emerson Electric Co. immediately following the opening statement of opposing counsel. The swift victory occurred in a product-liability trial involving the design of an ...
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April 02, 2011 -
Summary Judgment Victory for Malpractice Insurer
Adam P. Clermont, Esquire v. Continental Casualty Co. v. Freedman, DeRosa & Rondeau LLP
SRBC partners Regina Roman and John O'Neill have won summary judgment on behalf of a legal malpractice insurer-client in a dispute over coverage in a fee dispute between a lawyer and his former firm. After the lawyer left the firm with a substantial personal-injury case, the firm sued for a ...
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April 01, 2011 -
Defense Verdict—and $2.1MM Judgment on Counterclaim—for SRBC Client in Outsourcing Dispute
Aspect Software, Inc. v. Kenexa Technology, Inc.
A dispute involving services and software for outsourcing of employee recruitment ended recently with a triple victory for SRBC client Kenexa Technology. After a ten-day jury trial in Boston, SRBC partner Christine Netski and associate Matthew Welnicki obtained a defense verdict for Kenexa on ...
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March 31, 2011 -
Appeals Court Affirms Summary Judgment for Retailer Client
Vargas-Rivera v. Sears Roebuck & Company
In a brief decision on March 31, the Massachusetts Appeals Court has affirmed a superior court decision awarding summary judgment to SRBC client Sears, Roebuck and Co. in a case in which the plaintiff alleged that she suffered an electrical shock from an escalator--a claim for which she failed to ...
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December 06, 2010 -
$1.6 Million Settlement in Medical Malpractice Case
Title Withheld
SRBC partners David Barry and Tony Agudelo have settled a medical malpractice case they brought on behalf of the estate of a 55 year-old woman who died following surgery for colon cancer, when she developed a leakage at the surgical site which her doctors misdiagnosed as a heart problem.
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November 10, 2010 -
Summary Judgment for Insurer in Scammed-Lawyer Case
Title Withheld
SRBC partners Regina Roman and William Boesch have assisted a professional liability insurer-client in obtaining summary judgment in a coverage lawsuit brought by a South Carolina law firm that fell victim to a familiar e-mail scam. The law firm responded to an e-mail purportedly sent on behalf ...
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August 17, 2010 -
$1.9 Million Partial Settlement for Estate of Abused Child
Title Withheld
SRBC partners David Barry, Jeffrey Stern and Tony Agudelo have obtained a $1.9 million settlement with two of the defendants in an ongoing case on behalf of the estate of a severely abused child who eventually sustained a traumatic brain-stem injury that put her in a coma for several months, and ...
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August 05, 2010 -
Dismissal of Suit Against Condominium Trustees Affirmed on Appeal
John S. Davagian, II and Joyce N. Davagian v. The Cape Codder Condominium Trust, William Balz, John Nelson, and Kathleen Taylor
SRBC's John O'Neill has secured a decision from the Massachusetts Appeals Court affirming an earlier trial-court victory for his clients, the trustees of a condominium trust.

...
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May 12, 2010 -
Trial Victory For Developer
Eldamar Development, LLC v. Sweeney
SRBC's Dylan Sanders has won a $1.4 million judgment in favor of a subdivision developer in a dispute with the owners of a project site. The landowners failed to comply with a contractual obligation to grant the developer an easement necessary to permit construction of an access road and ...
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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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April 15, 2010 -
Michael Appel Wins Retrial for Medical Malpractice Plaintiff
Howard v. Brassard
SRBC partner Michael Appel recently succeeded in persuading a superior court judge that a jury's verdict for the defendant doctor in a medical malpractice case was "against the weight of the evidence," such that the plaintiff was entitled to a new trial.

...
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March 02, 2010 -
Natasha Lisman Argues Appeal in European Court
Sakhnovskiy v. Russia
SRBC partner Natasha Lisman recently became one of the few United States lawyers to argue a case before the Grand Chamber of the European Court of Human Rights in Strasbourg, France.

...
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February 09, 2010 -
Second Win for Emerson in Federal-Court Products Case
Barowy v. Ridge Tool Company
On February 5, SRBC's David Barry and Serena Madar won a federal-court jury verdict on behalf of Ridge Tool Company, a subsidiary of Emerson Electric Co., in a product-liability case involving a RIDGID crimping tool, a specialized item used by plumbers and other professional pipe workers. The ...
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January 18, 2010 -
Victory for Sears and Emerson in Long-Running Products Case
Gillespie v. Sears and Emerson
SRBC partners David Barry and William Boesch won a federal-court jury verdict on January 15 in favor of clients Sears, Roebuck and Co. and Emerson Electric Co., in a long-running product-liability case involving a Craftsman table saw. The case, Gillespie v. Sears and Emerson, had previously been ...
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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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