Claim that my client’s former partners had deceived him in
connection with purchase of his partnership interest. The case
settled on favorable terms after the court ruled that a release
my client had given was not applicable.
Claim that my client had entered into a joint venture rather
than an employment arrangement. A jury agreed with my client
that there was a joint venture agreement.
Claim that the defendant had failed to properly account to my
client in connection with the dissolution of an employment
agency. An arbitrator awarded my client substantial damages.
Claim that the defendants had failed to make required capital
contributions to a joint venture. The court granted my client’s
summary judgment motion.
Claim that my client’s chief executive officer performed
services for a competitor. A judge awarded my client
Claim that a judgment debtor had transferred all of its assets
to another corporation owned by the same stockholders. A jury
found in my client’s favor and that finding was affirmed on
Represented billboard companies in connection with licenses,
permits and the purchase and sale of billboard assets.
Contracts, Notes, Guarantees
Claim on behalf of an FHA insured lender that a borrower had
impliedly agreed to an exclusive arrangement. A judge entered
summary judgment against my client.
Defended against a claim that a promissory note had been orally
modified to reduce the interest rate. A jury found in my
Defended against a claim on a written guarantee on the grounds
that the note holder had released some of the collateral. A
judge found against my clients.
Represented a number of companies that lease computer, telephone
and other equipment to businesses. For the most part these
cases involve failures to pay rent, failures to return leased
equipment and the like. Other cases that I have handled on
behalf of leasing companies include the following.
Claim that an agent failed to use adequate efforts to remarket
equipment. An arbitrator ruled against my client.
Defended against a claim that the lessor had granted the lessee
an option to buy the equipment for one dollar at the end of the
term. A jury ruled in my client’s favor.
Defended against a claim that a liquidated damages provision in
a lease was unenforceable. After trial, a judge decided that
the clause was unenforceable. An appeal is pending.
Defended against a claim that a lessee had given notice of
termination. The case settled on favorable terms.
Real Estate Contracts, Leases
Represented a number of commercial landlords and tenants in
eviction (summary process) actions. For the most part these
cases involve failures to pay rent and the like. Often the
challenge in these cases is to obtain expeditious relief or to
negotiate the terms upon which the tenant will vacate. On
several occasions tenants have defended by declaring bankruptcy
and I have had to obtain relief from the automatic stay.
Defended against a claim that a builder had wrongfully
terminated a purchase and sale agreement. The court granted my
client summary judgment and the judgment was affirmed on
Defended against a claim that my client was responsible
for consequential damages as a result of its failure to perform
its obligations pursuant to a purchase and sale agreement. A
judge entered a directed verdict in favor of my client.
against a claim that my client had breached a purchase and sale
agreement by not purchasing property pursuant to a purchase and
sale agreement. A judge found in my client’s favor.
the defendant was obligated to sell its property to my client
who had submitted the highest bid in an auction. The property
was sold to my client at a small premium over the bid
Defended against a claim that a mortgage lender had
wrongfully refused to consent to the buyout of a lease. The
case settled on favorable terms.
Zoning, Land Use and Title
challenge the variance given by the City of Boston to a
nonprofit organization. The organization abandoned the variance
after the court ruled that my clients had standing.
against a claim that a special permit had been wrongfully
granted to a nonconforming property. The court entered summary
judgment in my client’s favor and the judgment was affirmed on
appeal. Defended a planning board against a claim that it had
improperly allowed property to be taken by eminent domain.
After a 37 day trial a judge found in the planning board’s
Sought compensation for billboards which had been taken by
eminent domain. Compensation was denied on the grounds that the
billboards were personal property.
Appeared on behalf of unit
owners in connection with title to condominium land. The court
awarded summary judgment to my clients and the judgment was
affirmed on appeal.
Defended against a claim that my client's
grantor had previously deeded the property to another. After
trial, the court found in my client’s favor, finding that the
previous deed was invalid.
Represented a city challenging plans
to construct a new runway at Logan International Airport on
environmental grounds. After trial the court ruled against the
Claim that a teacher had been relieved of his duties as
a current events teacher because of an assignment that he had
given. The teacher was reinstated to his duties.
Claim that an
officer’s free exercise rights were violated when he was forced
to leave the military service when he no longer wished to serve
as a chaplain. The officer was reinstated.
attempt to revoke a billboard company's license on the grounds
that revocation would violate the company’s First Amendment
rights. The license was not revoked.
Assisted in writing a brief
challenging a special copyright extension granted to the
Christian Science Church as a violation of the Establishment
Clause. The copyright was invalidated.
an attorney whose former client claimed that he had negligently
advised the client not to settle a case against his disability
insurer. The case was settled.
Claim that my client’s former
attorney had negligently failed to file a subchapter S
certification with the Internal Revenue Service. The case
settled on favorable terms.
Defended an attorney whose former
client claimed that he had negligently advised that certain
expenses could be deducted from gross income. The case settled
on favorable terms.
Claim that an attorney had negligently failed
to prepare and file tax returns. A jury found that the attorney
was negligent. Served as an expert witness on behalf of two
clients in legal malpractice cases.
Defended a client against
a claim that, as a Massachusetts domiciliary, he was obligated
to pay Massachusetts income tax. The Commonwealth dismissed its
Defended a promoter of a tax shelter against an Internal
Revenue Service claim that the tax shelter was a sham. The
court found that the tax shelter was not a sham.
director of a corporation against a claim that he was personally
liable for the corporation’s unpaid sales taxes. The Appellate
Tax Board has yet to issue an opinion.
against a claim that a trustee had mismanaged trust assets. The
court granted summary judgment in favor of my client.
against a motion to appoint a trustee and oust a debtor in
possession. After trial, the court refused to appoint a
Claim on behalf of an executor to recover proceeds of
property wrongfully sold. The court granted summary judgment in
favor of the executor.
Represented defendants in two death