Representative Cases

In the Matter of the Estate of Slavin, 492 Mass. 551 (2023)

Helfman v. Northeastern University, 485 Mass. 308 (2020)

Sheffield v. Pieroway, 361 F. Supp. 3d 160 (D. Mass. 2019)

Harrington v. City of Attleboro, 2018 U.S. Dist. LEXIS 7828, 2018 WL 475000 (D. Mass. 2018): Decision denying summary judgment in a Title IX school bullying, peer on peer, sex discrimination case based on sexual orientation stereotyping.

Steele v. Kings Way Condo. Trust, 35 Mass.L.Rep. 141, 2018 Mass. Super. LEXIS 103 (Barnstable Super. Ct. 2018)

Ryan v. City of Malden, 91 Mass. App. Ct. 1132 (2017) (Table)

Sheffield v. City of Boston, 319 F.R.D. 52 (D.Mass. 2016)

Harrington v. Attleboro, 172 F.Supp. 3d 337 (D. Mass. 2016)

Sliney v. Previte, 473 Mass. 283 (2015): Massachusetts Supreme Judicial Court upheld constitutionality of retroactive extension of child sex abuse statute of limitations and reversed dismissal of incest case.

Roe No. 1 v. Children's Hospital Medical Center, 469 Mass. 710 (2014)

Parsons v. Willette, 29 Mass.L.Rep. 312, 2012 Mass.Super.Lexis 12 (Middlesex Super. Ct. 2012)

Farrell v. Devenis, 39 M.L.W. 1 (June 6, 2011)('Lowell Jury Awards Record $2.25M in Concussion Suit'): Verdict for a school teacher who suffered a minor traumatic brain injury in a car collision that prevented her return to full-time work.

Parsons ex rel. Parsons v. Town of Tewksbury, 26 Mass.L.Rptr. 555 (Middlesex Mass.Super.Ct. January 19, 2010) (Order on Defendants’ Motion to Dismiss): In an Order on Defendants’ Motion to Dismiss, Superior Court upheld application of Bivens to Massachusetts Declaration of Rights in middle school bullying case, although finding evidence of school misconduct insufficient to “shock the conscience.” In a subsequent ruling, Superior Court upheld use of Massachusetts Civil Rights Act against bully and negligence principles against student who instigated a fight. Discussed by Eric T. Berkman, in "Judge Finds a Right to Sue Over Bullying," Mass. Lawyers Weekly (Feb. 15, 2010).

Genereux v. Columbia Sussex Corp., 2008 WL 6605539 (D.Mass., April 10, 2008)(Rulings on Motions in Limine): $1.1 Million settlement on the eve of trial in Boston on behalf of Mass. woman raped at Cayman Islands resort at which she had not been guest. This case required research and application of Cayman Islands law, which incorporated common law of the entire British Commonwealth and former British colonies. Discussed in Mass. Lawyers Weekly at 37 MLW 294 (October 6, 2008).

Walsh v. Comprehensive Addiction Programs, Inc., 72 Mass. App. Ct. 1112 (Table), further app. rev. denied, 452 Mass. 1106 (2008)

Fuller v. First Financial Insurance Company, 448 Mass.1 (2006)

Papageorge v. Mothers Work, Inc., U.S. Dist. Ct. D. Mass. No. 03-CV-11193-JLT (2003): Settlement on eve of trial in a widely reported case brought on behalf of pregnancy clothing chain district manager fired from employment because she became pregnant.

Clough v. Brown, 59 Mass. App. Ct. 405 (2003)

In re: Pettey, 288 B.R. 14 (Bkrcy. D. Mass. 2003)

Soriano v. City of Lawrence Police Dept., 12 Mass.L.Rptr. 565 (Essex Mass.Super.Ct. October 23, 2000) (Order Denying Defendant’s Motion for Summary Judgment): Then Superior Court Judge, now Mass. SJC Chief Justice, Ralph Gants denied summary judgment on statute of limitations grounds where city hid discriminatory motive for not promoting Hispanic police officer for 12 years, wherein the limitations period was six months at time.

U.S. v. Cadavid, 192 F.3d 230 (1st Cir., 1999)

Bagley v. Monticello Insurance Company, 430 Mass.454 (1999): Several suits resulting from brutal rape and assault of woman in Amesbury roadhouse. Insurer refused to defend bankrupt defendant, claiming insurance coverage exclusion. Summary judgment obtained for plaintiff based on requests for admissions, followed by $2 Million assessment of damages judgment, apportioned between damages resulting from rape and damages resulting from physical assault (7th largest judgment of 1994 according to Mass. Lawyers Weekly). Reach and apply action against insurer resulted in summary judgment for plaintiff, which was overturned by Supreme Judicial Court on basis of different coverage exclusion. SJC did not decide whether assault and battery exclusion applied to rape (as opposed to assault and battery).

Pettey v. Belanger, 232 B.R. 543 (D. Mass. 1999): Bankruptcy Court decision on appeal affirms holding that $750,000 settlement debt resulting from uncle‘s incestuous sexual assaults of minor nieces was non-dischargeable in bankruptcy.

McClure v. Town of East Brookfield, 1999 WL 1323628 (Worcester Mass.Super.Ct. March 11, 1999) (Order on Defendants’ Motions for Summary Judgment): Successful applications of Bivens to Massachusetts Declaration of Rights and Massachusetts Civil Rights Act. Civil rights settlement enabled family of domestic violence victims to recover damages from municipal police who refused to enforce domestic violence laws against abusing spouse/father. Analyzed by Dianne Williamson in "Victims Fight Abuse and System," Worcester Telegram & Gazette (January 6, 2002) and 17 New England Jury Verdict Review & Analysis 10 (March 2002). 

Galvao v. Gillette Co., 121 F.3d 695 (1st Cir., 1997) (Table)

U.S. v. Rose, 104 F.3d 1408 (1st Cir., 1997)

U.S. v. Olude, 70 F.3d 110 (1st Cir. 1995) (Table)

Doe v. Boston Housing Authority, Suffolk Superior Court Civil Action No. 94-873 (1994): Application of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) to the Massachusetts Declaration of Rights that allowed prompt filing of suit on behalf of a 90-year-old rape victim for purposes of accelerating litigation, which otherwise would have been delayed six months by Massachusetts Tort Claims Act. Case settled as soon as Tort Claims Act claim was amended into Complaint.

Johnson v. Summers, 411 Mass. 82 (1991) cert. denied, 502 U.S. 1093, 112 S. Ct. 1166, 117 L.Ed.2d 412 (1992)

Doe v. DiTucci, Middlesex Superior Court No. 92-2370B (1992): Settlement for a pedestrian dragged from sidewalk to unlit area of residential parking garage and raped. Defendant’s summary judgment motion was denied on the basis of a novel property law argument.

Markee v. Biasetti, 410 Mass. 785 (1991)

Doe v. White Hen Pantry, Inc., Middlesex Superior Court Civil Action No. 90-4061E (1990): $600,000 settlement during trial against a convenience store franchisor after a female store clerk was raped by armed robbers. Our client was identified during discovery in another negligent security case against the same franchisor. She had previously been unsuccessful in obtaining counsel as other lawyers told her such a case could not be brought.

West v. Sears, Roebuck, 780 F.2d 169 (1st Cir., 1984)