Cases
Experience: Representative Matters: D.D.S. Industries, Inc. v. P.J. Riley & Co., Inc., Massachusetts Appeals Court. Obtained defense verdict for subcontractor
judgment against prime contractor under the Massachusetts unfair business practices statute, Chapter 93A, arising out of the construction of a wastewater treatment plant on Martha's Vineyard. Also, successfully defended verdict
judgment on appeal.
Jillian Calixto v. Coughlin et al., Massachusetts Supreme Judicial Court. Obtained dismissal in case concerning whether Massachusetts employers (including individuals) would be subject to Wage Act liability (civil
criminal) if a business entity closes without giving required notice under the federal Warn Act as well as whether creditors could bring a derivative claim against officers for allowing a company to violate the federal Warn Act. Prevailed in dismissing the claims in the Massachusetts Superior Court. Dismissal was upheld by the Massachusetts Supreme Judicial Court. Three amicus filings were submitted in support of client's position as a contrary finding would have opened up a P
ora's Box of litigation against employers in Massachusetts.
Ferreira v. Sterling Jewelers, Inc., et. al., United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair
deceptive trade practices. Putative nationwide class narrowed to Massachusetts internet purchaser only putative class through initial motion practice. Discovery then limited to merits of putative class representative's individual claims. Summary judgment entered in favor of defendant retailer.
Barsukova/Aviles v. Macy's, Inc., United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair
deceptive trade practices. Discovery limited during motion practice to merits of putative class representative's individual claims. Case settled with individual class representative
no class-wide relief provided.
Derby v. Brooks Brothers, Inc., United States District Court for the District of Massachusetts. Consumer-based class action alleging unfair
deceptive trade practice. Discovery limited to merits of putative class representative's individual claims. Case voluntarily dismissed with no payment to putative class representative.
Derby v. East Coast Alpine, Inc., Suffolk Superior Court. Putative Massachusetts consumer-based class action alleging unfair
deceptive trade practices. Case voluntarily dismissed after settlement with putative class representative. No class-wide relief provided.
Ashley Maher Day v. Smartbargains, Inc., et. al., United States District Court for the District of Massachusetts. Putative nationwide class action alleging unfair
deceptive trade practices. Agreed-to nationwide CAFA class action settlement negotiated, which provided eligible consumers with a discount code towards future purchase or weighted refund for returning product. Predominantly e-mail only notice program implemented.
Brickett v. HSBC Bank U.S.A., N.A., United States District Court for the District of Massachusetts. Unfair
deceptive trade practices claim brought against lender. Summary judgment in favor of lender obtained. 52 F. Supp. 308 (D. Mass 2014). Judgment affirmed on appeal. 607 Fed. App. 5 (1St CIA. 2015)
Cascio v. Lynette's Limousines, Inc., Massachusetts Superior Court. Wage
Tip Act putative class action brought against employer (misclassification). Class-wide settlement approved by the Superior Court.
McKew v. VSM Sewing, Inc., United States District Court for the Eastern District of Virginia. Misclassification collective action brought under the Fair Labor St
ards Act. Opt-in settlement class approved by the District Court.
Syracuse v. Orion Refining Corp., United States Bankruptcy Court for the District of Delaware. Breach of contract action brought by sub-contractor concerning material reclamation of metals from oil refinery. Judgment for defendant after trial. 424 B.R. 156 (Bankr. D. Dec. 2010), aff'd 445 B.R. 312 (D. Dec 2011).
Mills v. U.S. Bank Nat. Ass'n, N.A et. al., United States District Court for the District of Massachusetts. Unfair
deceptive lending practices claims brought against lender
servicer. Nineteen count complaint dismissed with dismissal affirmed on appeal . 2013 WL 1389751 (D. Mass. 2013), aff'd 753 F.3d 47 (1st Cir. 2014).
SunLink Corporation v. American Capital Energy, Inc., AAA Arbitration. Breach of contract
unfair business practices claim arising out of the sale of solar racking systems. $10,000,000+ award for claimant obtained.
