Albert P. Zabin

Practice Details

• Representative Cases & Transactions
  Cases

  Representative Matters: Obtained settlement in a wrongful death medical malpractice lawsuit. Filed a Daubert motion that precluded defense's experts from testifying after stating, in depositions, early treatment would not have helped the decedent cancer patient based on the lack of response to treatment when the tumor had metastasized widely. Parties settled for $2.5 million before hearing took place. Won jury verdict in diethylstilbestrol (DES) case involving allegations of uterine abnormalities suffered by plaintiff
  negotiated favorable settlement for client when case was appealed. Payton et al v. Abbot Labs, 780 F. 2d 147 (1st Cir. 1984)
  Successfully tried
  sustained judgment on appeal, interpreting provisions of Article 2 of the Uniform Commercial Code, for seller of electrical motors. Obtained judgment from U.S. Supreme Court in l
  mark case on primacy of the Federal Rules of Civil Procedure over state rules in diversity cases, holding that service made pursuant to the Federal Rules of Civil Procedure was effective even though it did not comply with state court rules. Hanna v. Plumer, 380 U.S. 465 (1965). Obtained ruling from state's highest court establishing that the manufacturer of consumer products were required to anticipate the environment of use of the product. Back v. Wickes Corporation, 375 Mass. 633 (1978)
  H
  led suit for wrongful dissolution of real estate management business partnership. Represented partners who elected to continue the business
  obtained a judgment ordering buyout of the dissolving partner on favorable terms for clients. Represented area license franchisee threatened with suit by sub-franchisees in case
  who sued primary franchisors, involving alleged business fraud in selling of a process for anti-freeze recycling. Obtained high seven figure settlement for client
  withdrawal of claims by sub-franchisees. Obtained summary judgment
  a substantial settlement for seller of business in litigation involving allegations of breach of contract, breach of employment agreement
  medical technology devices. Litigated executive manager of a tiling business in case involving allegations of wrongful termination by matriarch of closely held family business. Litigated defense of case involving allegations of trade secret theft in business based on technology for cooling
  serving drinks used in restaurants. Obtained favorable rulings on key issues for client. Jet Spray Cooler, Inc. v. Crampton, et al. Litigated successful defense of case involving allegations of trade secret misappropriation related to gas chromatography for chemical compound analysis. Obtained favorable settlement. Litigated defense of product manufacturer in commercial airlines crash case involving allegations of a defective altimeter. Defended skydiving school in a wrongful case involving allegations of inappropriate parachute devices
  training of student
  obtained favorable settlement for client. H
  led case involving insurance coverage issues
  disabilities suffered from exposure to powdered latex gloves. Successfully tried
  sustained judgment on appeal of case involving allegations of negligent security operations by local college where student was kidnapped
  raped. Obtained favorable ruling from state's highest court on charitable immunity interpretation. Mullins v. Pine Manor College, 389 Mass. 47 (1983)
  H
  led case involving alleged misrepresentations by applicant for disability insurance. Obtained favorable verdict on liability
  settled prior to appeal. Represented homeowners in case involving pollution exclusion clause
  leaking underground storage tanks that caused environmental damages. Obtained favorable coverage ruling
  settlement. H
  led insurance coverage controversy regarding multiple sclerosis disability
  obtained favorable ruling that representations about good health were not a condition precedent to coverage but only representations to the best of the client's knowledge. Litigated an appeal, under the Massachusetts Waterways Act, before Department of Environmental Protection for community group opposed to development of freight forwarding building complex
  procured settlement in which developer agreed to meet certain environmental st
  ards
  other protocols for development
  contributed money toward the community. H
  led construction case involving major issue about the priority of an Article 9 security interest
  claimed set-offs. Opponent had loaned money to property owner for the project. Client, who had obtained property owner's claim against opponent contractor, was able to successfully resist summary judgment
  prevail on its motion for partial summary judgment.