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SIGNIFICANT RESULTS

  • Obtained a $3,020,000 wrongful death settlement for the estate of a 22-year old college student.
  • Obtained a $1,150,000 wrongful death settlement for the estate of a 67-year old man.

  • Obtained a $500,000 settlement for landlord against a tenant that failed to restore premises as required by lease.

  • Obtained a trial verdict for client against home improvement contractor including double damages and attorney's fees in the amount of $259,812 upheld on appeal and awarded attorney's fees on appeal.

  • Obtained a settlement for personal injury victim in the amount of $237,500.

  • Obtained an arbitration award of $64,383.96 for a franchisee who sued its franchisor for breach of contract and violation of G.L. c. 93A. Successfully defended against counterclaim. The arbitrator awarded an additional $60,000.00 in attorney's fees making the award $124,383.96.

  • Obtained summary judgment for clients in land court against their neighbor who was blocking an easement and who claimed that my clients were invading her privacy.

  • Obtained summary judgment for a client, an owner of a hotel in Provincetown, MA, who was enforcing a restrictive covenant over a driveway easement where the developer of the commercial condominium granted another unit owner two parking spaces that blocked the driveway easement. Successfully obtained summary judgment against defendant who illegally placed tables and chairs on common area outside his restaurant in violation of the condominium documents.

  • Obtained a $235,000.00 settlement against an attorney who negligently failed to advise her client regarding a pooled trust that would have immediately qualified the client for MassHealth.

  • Obtained a defense verdict for his clients in the Federal District Court of Massachusetts against claims of fraudulent transfer and unjust enrichment valued at over $700,000.00. After defeating a preliminary injunction, John tried the case just two weeks after the complaint was filed.

  • Obtained summary judgment on behalf of a commercial landlord against tenant and guarantor in which court upheld a rent acceleration clause as liquidated damages.

  • Obtained summary judgment on behalf of an out-of-state corporation whose employees allegedly assaulted two victims in Boston.

  • After successfully obtaining summary judgment in an adverse possession case and having that decision upheld by the appeals court, John prosecuted a counterclaim against the unsuccessful plaintiffs for misrepresentation and violation of G.L. c. 93A. John obtained a verdict that included an award of attorney’s fees in defending the action brought by the claimants. With interest, the verdict was $317,977.

  • Successfully tried a commercial eviction summary process jury trial evicting a corporate operator of a north end parking lot which claimed that it had permission from one of the joint owners of the parking lot to operate the parking concession.

  • Obtained a wrongful death verdict on a theory of breach of warranty of habitability against the owner of an apartment building where the victims died of smoke inhalation even though the fire was set by an arsonist. The verdict was upheld on appeal.

  • Obtained a verdict for two commercial real estate brokers who were denied a commission by the landlord. The jury awarded $475,000.00 under a theory of quantum meruit. With interest, the verdict was $607,193.00, which was upheld on appeal.

  • Successfully defended brokerage firm from a claim by a former broker for breach of contract, breach of covenant of good faith and fair dealing and violation of Ch. 93A, saving the company hundreds of thousands of dollars. The Appeals Court affirmed the decision.

  • Successfully represented various clients in medical malpractice suits against a neurologist, surgeon, otolaryngoligist and internist resulting in settlements of hundreds of thousands of dollars.

  • Recouped $725,000.00 in expenses on behalf of a golf course developer against an environmental engineering firm that failed to properly advise the developer about the consequences of endangered species on the locus.

  • Obtained a $700,000.00 settlement on behalf of a construction company who was a third-party beneficiary of a contract between a lender and owner of a project for the installation of fiber optic cable in Minnesota. 

REPORTED DECISIONS

  • Tabachnik v. CT Install America, Inc., Memorandum and Order Pursuant to Rule 23, February 12, 2024
  • Comprops Ltd. Partnership v. Spangenberg Group, 27 Mass.L.Rptr. 171 (Mass. Super. 2010)
  • Brookridge Funding Corp. v. Aquamarine, Inc., 675 F. Supp.2d 227 (D.Mass. 2009)

  • Kaufman as Receiver v. Alcatel USA Marketing, Inc., 65 Mass. App. Ct. 1115 (2006)

  • Moran v. Gala, 66 Mass. App. Ct. 135 (2006)

  • Mullin v. Hunneman Real Estate Corp., 62 Mass. App. Ct. 1108 (2004)

  • Fidelity and Deposit Company of Maryland v. Sproules, 60 Mass. App. Ct. 93 (2003)

  • Hunneman Real Estate Corp. v. The Norwood Realty, Inc., 54 Mass. App. Ct. 416 (2002)

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