- Obtained early dismissal of police chief's defamation
claims against newspaper and reporter, using
special motion to dismiss under the Massachusetts
anti-SLAPP statute, in what appears to be the first
judicial dismissal of a commercial media entity under
the Massachusetts statute.
- Protected anonymity of Web site operators and
authors from discovery by plaintiff, a former public
official, who sought their identity in order to name
them in his defamation action. Did so by appearing
for non-party deponent and resisting discovery
concerning identity of the individuals connected with
the Web site.
- Successfully resolved federal court case concerning
ISP/VOIP service in India through use of early
mediation, saving client substantial fees and
expenses for overseas depositions and other
discovery.
- Represented teen-age refugee from People’s
Republic of China seeking asylum in the United
States to escape further imprisonment and torture
due to his participation in the Falun Gong spiritual
movement. Asylum granted.
- Successfully defended insurer against claims
asserted by commercial property owners after fire
loss. USDC certified question of law to the
Massachusetts Supreme Judicial Court, which
adopted our position regarding construction of
vacancy provision in a standard fire insurance policy.
This was the first time a United States appellate
court took such a position in a reported decision.
USDC subsequently granted summary judgment as
to all contract and bad faith claims.
- Represented Underwriters at Lloyd’s in action
brought by a real estate limited partnership after a
fire loss. Upon discovery by a public official of a
misplaced document just days before trial,
convinced the trial judge to permit Underwriters to
assert a counterclaim and third-party claim for fraud
and bad faith. Obtained favorable rulings on
Underwriters’s motions for sanctions, which resulted
in plaintiffs dismissing their claims, and paying
Underwriters to dismiss counterclaim and third-party
complaint.
- Successfully defended Dutch manufacturer of
hydraulic rescue tool in bodily injury action brought
by person injured during course of rescue effort.
- Recovered in excess of $1,000,000 from public
water and sewer authority for damages sustained
when sewer surcharged and flooded basement in
large commercial building.
- Recovered almost $1,000,000 in action against
explosion and fire protection companies for
damages sustained as a result of explosion and fire
at a New Hampshire woodworking facility.
- Recovered in excess of $2,500,000 in action against
plumbing company for damages sustained as a
result of gas explosion and fire at a nursing home.
- In state court in Tuscaloosa, Alabama, defended
insurer in action brought by insured coal mining
company when consortium of London market
insurers denied $25,000,000 business interruption
and property damage claim due to insured’s failure
to disclose existence of pyrites and related
spontaneous combustion in long-wall mining
operation.
- Awarded in excess of $4,200,000 after mediation
and arbitration of claims arising from fire that
originated in a restaurant and resulted in damage
to adjacent retailer.
- In state court in Milwaukee, Wisconsin, defended
excess loss insurer and managing general
underwriter against million dollar claim brought by
commercial insured. Extensive discovery revealed
attempted fraud by third-party administrator, and
rulings on summary judgment motions laid
groundwork for successful mediation, where claim
resolved for less than anticipated legal expenses.
- Retained to represent insurer and insured in
$20,000,000 claim in Connecticut arising from failure
of alarm system at insured’s residence.
- Represented Texas employer in successful
resolution of employee’s claim that she was
terminated because she became pregnant.
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