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The Structural Engineers Association Massachusetts (SEAMass) January, 2011 Newsletter featured an article written by Russell F. Conn and Dara M. Yoken entitled “Massachusetts Passes New Lien Law to Protect Design Professionals." The article reviews recent amendments to the Massachusetts mechanic’s lien statute, addresses the procedural requirements and deadlines set forth in the amendments, and offers a few words of caution to structural engineers and other design professionals who may seek the protection of a lien. |
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Thomas E. Peisch and Ronald M. Jacobs were featured in a Massachusetts Lawyers Weekly front-page article entitled “ Expert Owes No Duty to Party in Suit". The article reviews a recent summary judgment in favor of an expert witness sued for negligence ("expert malpractice") by a disappointed litigant. The expert witness was represented by Mr. Peisch and Mr. Jacobs. Mr. Peisch commented “It is the rare civil case these days that doesn’t have an expert witness, so this is an important ruling.” |
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After a three-day bench trial in Worcester Superior Court (January 24 - 26, 2011), Russell F. Conn and Gregory M. Boucher obtained a defense verdict for the firm’s client, the local branch of a Fortune 500 subsidiary. The case involved allegations of negligent installation of a fireplace/surround in connection with a residential house fire. On cross-examination by Mr. Conn, the plaintiff’s designated expert in essence retracted his testimony on direct examination and admitted that he could not identify any negligence by the defendant, or proximate cause relating the defendant’s actions/inactions to the cause of the fire. The court terminated the case at its mid-point by granting the defendant’s motion for a directed verdict after the plaintiff rested its case. |
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The Episcopal Diocese of Massachusetts recently honored James Gray Wagner for his outstanding volunteer service naming him the "Consultant of the Year". The consultants are a group of about 15 legal, business and financial professionals who volunteer their counsel and practical assistance to congregations in need of it. |
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Rachel Moynihan's experience includes work in commercial litigation, employment law, construction law and land use. She earned her J.D. from Suffolk University Law School (2005) and her B.A. from College of the Holy Cross (2002). Jacqueline Giordano-Hayes earned her J.D. from Boston University School of Law (2010), where she graduated cum laude and was an honoree for the Boston University School of Law Spencer R. Koch Memorial Award. She earned her B.A. from Kenyon College (2005), where she graduated cum laude and earned her M.S. Ed. from Bank Street College of Education (2007). Jan Kendrick earned her J.D. from Suffolk University Law School (2010), where she graduated magna cum laude and was a member of the Suffolk Journal of Trial and Appellate Advocacy. She earned her B.A. and M.S.W. from Louisiana State University (2001/2003). |
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Ronald M. Jacobs will be a Panelist at the February 9th Massachusetts Continuing Legal Education (MCLE) Program "Contract Disputes & Litigation," presenting on the topic in the context of employment-related disputes. |
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Russell F. Conn was quoted in a Boston Globe article entitled “Levy’s exit cushioned by $1.6 million severance deal.” The article reports that the Beth Israel Deaconess Medical Center’s board decided this week to pay Paul Levy, outgoing chief executive, up to $1.6 million in severance. Mr. Conn, who has represented Boston-area hospital chiefs on employment and severance issues, said severance is generally reserved for situations when the chief executive is asked to leave, or when both sides agree that it’s best for him or her to leave. |
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Superior Court Judge Herman Smith entered summary judgment in favor of an expert witness sued for negligence ("expert malpractice") by a disappointed litigant. The expert witness was represented by Thomas E. Peisch and Ronald M. Jacobs . The plaintiff alleged that the expert witness did not adequately prepare a damages formulation, causing the plaintiff to lose a 7-figure claim against a national health products company. Judge Smith agreed with the arguments made by Messrs. Peisch and Jacobs that the economic loss rule barred the claims as a matter of law. Judge Smith rejected the plaintiff's suggestion that the expert witness owed the plaintiff a fiduciary duty, which would have constituted an exception to the economic loss doctrine. The Judge also entered judgment in favor of the lawyers who hired the expert witness, finding that the plaintiff's claimed damages were too speculative and in some instances contradictory. |
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Kurt B. Fliegauf secured a $900,000 settlement on behalf of the Town of Hopkinton against a subdivision developer. The Town’s claims arose from the developer’s failure to complete and repair the subdivision. |
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The Rhode Island Bar Journal published an article written by Michael T. Sullivan entitled "Re-tying the Gordian Knot: Hindson v. Allstate and its progeny ”. The article reviews the decisions of the Supreme Court of Rhode Island regarding the extent to which multiple insurers covering the same incident should allocate the damages caused by the incident. Mr. Sullivan suggests that the court's decisions conflict with one another and should be reconciled in order to eliminate the confusion that currently exists. |
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James Gray Wagner secured a favorable decision from the Massachusetts Appeals Court on behalf of a client challenging an illegal real estate development in Chestnut Hill. The Appeals Court affirmed the Land Court's trial and summary judgment rulings on several zoning and procedural issues decided favorably for the client in the trial court. |
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After a two-day bench trial in September, the Massachusetts Superior Court awarded over $60,000 in back overtime wages, prejudgment interest, and punitive damages to two of the firm's pro bono clients. The Boston Bar Association’s Volunteer Lawyers Project referred the matter to the firm. Thomas J. Gallitano and Andrew R. Dennington represented the clients, a married couple who formerly worked in the kitchen at a South Shore banquet facility. Andrew R. Dennington served as lead trial counsel. |
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The publishers of Law & Politics have selected nine Conn Kavanaugh attorneys as “Massachusetts Super Lawyers” for 2010: Russell F. Conn, George M. Ford, Thomas J. Gallitano, Erin K. Higgins, James F. Kavanaugh, Jr., Thomas E. Peisch, James B. Peloquin, Bob B. Rosenthal and Carol A. Starkey. In addition, Thomas J. Gallitano and Thomas E. Peisch were selected as within the top 100 Massachusetts Lawyers. George M. Ford was selected as within the top 100 Massachusetts Lawyers and top 100 New England Lawyers. Carol A. Starkey was selected as within the top 50 Massachusetts Women Lawyers. Erin K. Higgins was selected as within the top 50 Massachusetts Women Lawyers and top 50 New England Women Lawyers. The following five attorneys were selected as "Massachusetts Rising Stars” for 2010: Michael R. Bernardo, Andrew R. Dennington, Lurleen A. Gannon, Johanna L. Matloff and Amy C. Stewart. |
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Conn Kavanaugh attorneys and staff raised over $2,500 in donations for the American Cancer Society. Members of the firm, along with friends and family, participated in the Making Strides Against Breast Cancer event in honor of Liz Ounanian, the firm’s former Administrator. |
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Carol A. Starkey has been appointed to serve on the Joint Bar Committee (JBC) for Judicial Appointments for a three year term beginning September 1, 2010. The JBC consists of a group of attorneys from across the Commonwealth charged to review, evaluate and report on the qualifications of individuals under consideration for judicial appointments, including clerk-magistrates, to all Courts of the Commonwealth. The Committee also, from time to time, evaluates candidates for judicial appointment to Federal Courts having jurisdiction over Massachusetts. |
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Massachusetts recently reformed the law concerning criminal offender record information (CORI). Among other changes, the reform limits employers' ability to ask applicants about their criminal records. For more information, read the client advisory authored by Constance M. McGrane. |
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Andrew R. Dennington has been named co-chair of the new Consumer Finance Committee of the Boston Bar Association. The role of the committee will be to identify and address emerging issues in the field of consumer finance that are of concern to regulators, stakeholders, private attorneys and in-house counsel. |
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The Boston Bar Association endorsed proposed revisions to the Massachusetts Attorney General’s regulations at 940 C.M.R. §§ 7.00 et seq. regarding collection activities by "creditors" of debts incurred "for personal, family, or household purposes." This proposal was drafted by the BBA's Consumer Finance Working Group, co-chaired by Andrew R. Dennington and Adam Ruttenberg, Looney & Grossman LLP. |
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James F. Kavanaugh, Jr. was quoted in a Massachusetts Lawyers Weekly article entitled "Jury waiver agreement called solution to anti-plaintiff bias". The article examines the practice of two Springfield lawyers who are persuading defendants to forfeit their rights to a jury trial in order to avoid what some attorneys believe to be a widespread bias by Massachusetts juries against personal injury plaintiffs. Mr. Kavanaugh commented, the agreement raises "tricky" ethical questions for defense counsel because of the conflict it creates between the defendant and the insurance company. "In the typical case, the individual defendant's interests would always be to make the deal because his exposure would be eliminated by the plaintiff's offer, and there would be no downside, but the insurance company, in a lot of cases, is going to feel differently." |
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Michael T. Sullivan has been appointed to a three-year term on the Zoning Board of Appeals in the Town of Manchester, Massachusetts. The Board is responsible for the application and enforcement of all state and local zoning laws. |
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