Civil Litigation Results

Condominium Disputes

Won Condominium Noise Complaint Case

February 5, 2018

I successfully defended an owner of a unit in a two-unit condominium located in Arlington, Massachusetts. The other unit owner brought a claim against my client and claimed that noise from his heating system constituted a nuisance. After a two-week long jury trial in Middlesex Superior Court, the jury returned a verdict in favor of my client. The jury determined that the noise did not constitute a nuisance, and they awarded him damages on his counterclaim against the other unit owner for intentional damaging his property.

Successfully Defended a Client in Two Separate Harassment Prevention Order Proceedings Brought by Neighbors in Lincoln Condominium

August 13, 2013

These disputes involved neighbors at a condominium in Lincoln, MA. I demonstrated at the hearing that there was a long history of animosity between the parties, and that the complainants were attempting to gain the “upper hand” against my client by applying for harassment prevention orders. That is, if they were successful in obtaining the order, they might then wrongfully accuse my client of violating the order, a criminal offense. By using past police reports, I showed that the complainants had a history of making unsubstantiated allegations against my client, and had a motive for making untruthful or exaggerated claims in this case. The judge agreed and denied the complainant’s application for a Harassment Prevention Order. This case illustrates the importance of preparing for any hearing or trial by gathering as much information as possible about prior statements or actions of any witness.

Contract Disputes

Successfully Settled Lawsuit Brought by a Former Business Partner of My Client’s Employees

May 13, 2012

The plaintiff claimed that my client had conspired with the employee to leave the prior business venture, resulting in monetary damage to the plaintiff. Although there was no evidence to support the plaintiff’s claims, I was able to quickly settle the case for a nominal amount in order to avoid substantial litigation costs.

In September 2011 I Obtained an Arbitration Award of $59,000 in Favor of My Clients in a Construction Dispute

September 13, 2011

My clients had brought a claim against their home improvement contractor for failing to complete renovations at their house and for numerous instances of faulty work. Their contract included a clause that required arbitration. Unlike conventional litigation, arbitration is concluded quickly and relatively inexpensively. After only a few months, I was able to schedule a hearing before an arbitrator that both sides had agreed upon. The arbitration took only one day, and the arbitrator issued his decision within a few weeks.

In October 2010 I Successfully Represented My Client at a Trial Before a Superior Court Judge in a Real Estate Dispute

October 13, 2010

My client owned an investment property and entered into a Purchase and Sale Agreement with a prospective buyer. The buyer paid a deposit at the time the agreement was signed. When the buyer was unable to secure financing to complete the purchase, she refused to release the deposit to my client, even though the deadline for cancelling the agreement had passed. I was able to prove at trial that the buyer failed to cancel the agreement in time, and that my client was entitled to the full amount of the deposit.

Employment Disputes and Discrimination Claims Results

MCAD Returned Finding of “Probable Cause” in Favor of My Client in Her Claim of Discrimination Against Her Former Employer

April 13, 2013

The client had claimed that her employer had unlawfully terminated her employment on the basis of her disability. I was able to demonstrate to the MCAD investigator that there was probable cause for a finding of discrimination based on emails, employment records, and medical records, as well detailed affidavits from the client. The case settled shortly after the MCAD’s finding in favor of my client.

Successful Settlement of Lawsuit Against Corporate Client Brought by a Former Business Partner of Client’s Employees

May 13, 2012

The plaintiff claimed that my client had conspired with the employee to leave the prior business venture, resulting in monetary damage to the plaintiff. Although there was no evidence to support the plaintiff’s claims, I was able to quickly settle the case for a nominal amount in order to avoid litigation costs.

Landlord–Tenant and Eviction Cases

Successful Eviction of Commercial Tenant in Acton and Westford

February 17, 2018

In 2016 I represented the owner of a 40-acre property in Acton and Westford, Massachusetts in its efforts to evict a commercial tenant who had occupied the property for many years. The central issues at the eviction trial were whether the tenant had complied with the terms of an agreement relating to its use of the property for a sand and gravel business, and whether the agreement constituted a lease. The trial took place over the course of three days in the Concord District Court. After trial, the tenant appealed and the parties then negotiated an agreement whereby the tenant agreed to leave the property voluntarily by a certain date. When that date approached, the tenant then filed a new lawsuit in the Essex Superior Court seeking to stay in the property. The Court denied that request, and the tenant finally left the property in the spring of 2017.

Obtained Summary Judgment for Clients in Claim Against Their Former Landlord for Recovery of Their Security Deposit

July 13, 2012

I represented tenants who had leased a residence in Lincoln, Massachusetts. The Massachusetts security deposit statute, G.L. c. 186, §15B, is very strict and contains detailed requirements for residential landlords who require their tenants to give a security deposit. After the parties conducted some discovery, I filed a written brief (called a Motion for Summary Judgment) with the Court, arguing that the landlord had violated the security deposit statute, G.L. c. 186, §15B, in several ways. After oral argument, the Court allowed my motion and awarded my clients multiple damages and attorney’s fees. I was therefore able to avoid a lengthy and costly trial, and obtain for my clients not only the original security deposit, but three times that amount as well as their attorney’s fees.

Represented a Real Estate Owner in Court Action to Evict Commercial Tenants

March 13, 2012

The tenant, a law firm, attempted to defeat the bank’s claim for possession by asserting that the bank had improperly resorted to self-help by moving some of their belongings. At trial I was able to demonstrate that neither my client nor anyone under my client’s control had moved the tenants’ belongings. The judge required the tenant to vacate immediately and awarded possession of the property to my client.

Successfully Represented Residential Landlord

January 13, 2009

The tenant had filed numerous counterclaims against my client in an attempt to retain possession of the premises. In her counterclaims the tenant alleged, among other things, that there were code violations at the premises. After a three-day trial, the Lawrence Housing Court judge awarded possession to my client, and also awarded him unpaid rent. The turning point in the trial came early, when I was able to show through cross-examination of the tenant that she had lied on her rental application. Her credibility impeached, her claims about alleged defects with the rental property were much less believable.

Personal Injury Claims and Litigation

In January 2009 I Represented a Client at a Superior Court Jury Trial in Which the Jury Returned a $200,000 Verdict Against One of the Defendants for Intentional Infliction of Emotional Distress and Invasion of Privacy

January 13, 2009

My client had brought a claim against her ex-husband and a hospital after copies of her extremely sensitive medical records were delivered to her friends and neighbors in Burlington, MA. At trial, I was able to prove that my client’s ex-husband had obtained and disseminated the records. The trial featured a “surprise witness” (a former employee of the ex-husband) who came forward it the middle of the trial and testified that the ex-husband had admitted to disseminating the records.) The jury awarded my client both compensatory damages and “punitive damages” because of the malicious nature of the defendant’s acts.

In October 2005, I Settled Client’s Personal Injury Case at a Mediation for $80,000

January 13, 2005

The client suffered a herniated disk in her lower back with resulting nerve compression when the car in which she was a passenger was struck by the defendant’s vehicle in Fitchburg, MA. The client’s injuries caused her to have chronic pain and numbness in her right leg and resulted in lost wages due to her inability to return to work.