Litigation

We represent clients in wide range of cases in state and federal court, before administrative agencies, in mediation, and in arbitration.

Exemplars:

Obtained ruling at trial that client, a recreational club, owed no money to plaintiff for the value of services plaintiff claimed to have performed for the club outside of his independent contractor agreement.

Obtained dismissal of federal class-action lawsuit against mortgage company on ground that plaintiffs’ claims were time-barred and, as such, deprived plaintiffs’ counsel of standing to seek the names of substitute class members in discovery or to otherwise proceed with the case.

Obtained dismissal of MCAD charges alleging that hospital discriminated against employee based on race and disability, and that hospital discriminated against employee’s husband, a patient, in violation of the public-accommodation law.

Obtained dismissal of claims alleging that hospital’s termination of employee breached collective bargaining agreement, violated public policy, and negligently and intentionally inflicted emotional distress on grounds of untimeliness and federal preemption.

Obtained order (a) requiring former officer of publicly traded bank and his new employer to immediately return confidential customer information that was misappropriated, (b) prohibiting them from using or disclosing any of the misappropriated information, and (c) establishing that any violation would be punishable as a contempt of Court.

Obtained injunction preventing landlord from evicting commercial tenant, despite absence of signed written lease, based on landlord’s assurances that tenancy could commence under informally agreed-upon terms.

Obtained injunction enforcing non-competition and non-solicitation obligations by requiring fitness studio to shut down for one year and to refrain from soliciting or providing services to client’s customers.

Obtained ruling that investor limited partners could freely assign their economic rights in the partnership to others, despite provision in partnership agreement conditioning such assignments on general partner consent.

Obtained dismissal of federal action by labor union to enforce arbitration award against contractor on ground that the matter was covered by the exclusive dispute-resolution procedures of the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry.

Obtained dismissal of NLRB charge alleging that termination of employment was unlawfully based on employee’s support for union, as employee’s violations of DOT regulations provided a legitimate business reason for the termination.

Obtained dismissal of NLRB charge alleging that termination of employment was unlawfully based on employee’s distribution of pro-union leaflets, as employee’s refusal to promptly return to work from a medical leave provided a legitimate business reason for the termination.

Obtained arbitration award upholding the discharge of an emergency room nurse for threatening to harm a member of the public if this person were to seek ER services.

Obtained numerous arbitration awards upholding the discharge and discipline of health care workers for unacceptable patient care and inappropriate conduct.

Please contact us if you have questions or need assistance in bringing or defending a lawsuit, or in responding to a pre-litigation demand.  We would be happy to help.